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Welcome to myScoop!
The following terms and conditions apply from 01 of Jan, 2022.
Notice: Section 12 of this Agreement contains a mandatory ARBITRATION AGREEMENT for certain privacy claims that you or myScoop could assert. By using our Services and accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.
1. Introduction
1.1. myScoop is incorporated as MYSCOOP LABS LIMITED, business registration number 12054401, with a registered office at 960 Capability Green, Luton, England, LU1 3PE, United Kingdom, you can reach myScoop via contact page: Contact.
1.2. myScoop (“We”, “Us”) is a global social media marketplace for user-generated videos, photos, voices, or texts (collectively referred to as “Content"/” Scoops”) that have news value, entertainment value or are of public interest. myScoop facilitates purchases and sales of licenses of the Scoops. All of these services are collectively called “the Service". The Service can be accessed through web and applications for mobile devices (collectively called “the Platform"). To access the Service, you need to be a user (“User",” Scooper”, in plural “Users", “Scoopers) and It provides Scoopersunique storytelling tools (“Templates”) with an option to enable real time detection of user’s time, date, location, speed, temperature and other values which can validate the captured material. You (referring to the User) become a User once you have set up a User Account (“User Account"). If you purchase a license to any Content, you become a Licensee (“Licensee"). If you sell a license to any of your Content, you become a Licensor (“Licensor").
1.3. The basic Service is at no cost and is intended for use “as itis” and subject to your agreement to and compliance with the conditions set forth in this User Agreement (“the Agreement"). When creating a User Account to use the Service, it constitutes your acceptance of the Agreement, by which you are creating a binding contract between you and myScoop. Prior to doing so, you must read, agree with and accept all of the terms and conditions contained in this Agreement and in the incorporated documents to the Agreement including Privacy Policy, Cookies Policy and Community Guidelines. The Agreement is available to you on www.myscoop.co and is available in English.
1.4. As long as you are in compliance with the conditions of this Agreement and all incorporated documents, myScoop hereby grant you a limited, revocable, non-sub-licensable and non-exclusive access to use the Service. No rights not explicitly listed are granted to you.
1.5. All objects appearing on myScoop, including but not limited to the Content, text, layout (e.g. graphics, logos, names, designs, page headers, button icons, scripts, and service names) and sound, are protected by intellectual property rights or ownership rights and belongs to either myScoop, a Scoopers or a third party, whom myScoop has entered into an agreement with. You may not use the abovementioned for any purpose whatsoever other than as permitted by this Agreement.
1.5.1. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
1.5.2. Repeat Infringers. myScoop will terminate without notice the accounts of users or suspend the infringement Scoop that are determined by myScoop to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity or has had contributor content removed from the Service at least twice.
1.6. myScoop may revise or update this Agreement by posting an amended version through the Service. If a modification is significant, myScoop will make you aware of the modification, either through the Service, and/or through contact information provided by you. Your continuous use following an update is considered as an acceptance of the updated Agreement. If you do not accept the update, you must stop using the Service.
1.7. myScoop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
1.8. Any not utilized enforcement of this Agreement does not constitute a waiver of rights of myScoop, see further in subsection 10.3.
1.9. myScoop do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of our service is at your sole risk.
1.10. By accessing or using myScoop, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
1.11. Our responsibility for anything that happens on the Service is limited as much as the Terms of Use, Privacy Policy, and Community Guidelines will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
1.12. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
1.13. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of myScoop, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; and/or (f) involve any non-personal use of our Services unless otherwise authorized by us.
1.14. You may not use the Service if you do not accept the Agreement. You can accept the Agreement by simply using the Service. You understand and agree that myScoop will treat your use of the Service as acceptance of the Agreement from that point onwards. You may not use the Service and may not accept the agreement if (a) you are not of legal age to form a binding contract with myScoop, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
1.15. The Service is licensed, not sold to you, and you may use the Service only as set forth in the Agreement.
2. User Account
2.1. When you set up a User Account, you guarantee that the information provided by you is correct, credible and that you will revert to myScoop if this information changes. When signing up by email, you must provide an email address. By creating an account, you agree to receive notices from myScoop at this email address. Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.
2.2. myScoop may use your contact information for administrative or verification purposes related to your Content or in relations to specific projects. You can unsubscribe at any time by sending an e-mail to [email protected]. See more in Privacy Policy and Cookies Policy.
2.3. The User Account is strictly personal and you can only use your own personal User Account, see however subsection 2.5.
2.4. If you are a natural person, you must be at least seventeen (17) years old to use the Service. By using the Service, you guarantee that you meet this minimum age requirement. By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
2.4.1. These services do not address anyone under the age of (17) years. We do not knowingly collect personally identifiable information from children under (17). In the case we discover that a child under (17) years has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
2.5. If you are a legal entity, all your employees are entitled to use the User Account in their work, regardless of subsection 2.3. All your employees using the User Account must then be at least seventeen (17) years old. Certain subscription plans may allow you to grant other registered users (“team members”) access to the account. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
2.6. myScoop does not investigate or perform any background checks on Users. Therefore, it is up to you to ensure your own safety in your interactions with other Users of the Service and in your activities conducted in connection with the Service.
2.7. Your User Account will show to the public your screen name chosen by you and your full name when setting up your account.
2.7.1. Except Exclusive Scoops, any scooper can view, share, rescoop, like, dislike, report, and comment on your posted content. Moreover, when you view, comment on another scooper’s post, like/dislike, repost their content on myScoop, these actions will also be public. We also show counts of these actions in public in real time & date.
2.8. You agree that no joint venture, partnership, employment, or agency relationship exists between you and myScoop as a result of this Agreement or your use of the Service. You can therefore not commit myScoop or act on any other Users behalf.
2.9. Some parts or all of the Service may not be available to the general public, and myScoop may impose rules of eligibility from time to time. myScoop reserves the right to amend or eliminate these eligibility requirements at any time.
2.10. We are not responsible if your account has been hacked or taken over or else, and you have entered your Visa and has earnings, it is your responsibility to secure your account. If this happened, you should take action immediately and contact your bank to suspend any transactions on your account, also, contact us to temporarily suspend any transactions between your myScoop account and your Bank account.
2.11. We reserve the right to refuse access to the Service to anyone for any reason at any time.
2.12. We reserve the right to force forfeiture of any User account or ad for any reason.
2.13. You grant mySoop permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. myScoop shall have the right to identify public profiles in its marketing and investor materials.
3. User Content
Subject to the terms hereof, we grant you access to our Services. This includes the right to:
3.1. All Content on the Platform is the property of the User, who uploaded the Content and the Content is protected by intellectual property laws and watermarked by myScoop logo and username of content creator. In the case of Exclusive content (content sent from a sending user privately to a receiving user using our service), the receiving User retains full rights and ownership of the received Content, subject to the terms of this agreement.
3.2. You are under no obligation to publish anything through the Service once you have set up your User Account. If, however, you choose to publish any Content through the Service, you hereby grant myScoop a perpetual, revocable, transferrable, sub-licensable, worldwide, fully paid up, royalty-free, right to display and facilitate the sale of a license to your Content. As part of facilitating a sale, myScoop may display your Content for marketing purposes. The display can be on any media now known or hereafter created.
3.3. You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
3.4. When publishing Content on myScoop, you guarantee that:
3.4.1. The Content is your own original creation.
3.4.2. You possess all necessary rights to dispose of the Content, including but not limited to all the necessary rights to publish and potentially sell the right of use to a third party.
3.4.3. The Content does not infringe any intellectual property rights.
3.4.4. The Content is not libelous, defamatory, pornographic, obscene, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable.
3.4.5. The Content does not contain or entail any privacy violations.
3.4.6. The Content is correct, real, credible and not staged with the intention to sell.
3.4.7. The Content is not assigned to any other contract, agreement or license, in instances where the Content is requested sold as an Exclusive time limited license.
3.4.8. That you will not modify, adapt, translate, copy or disassemble any portion of the Service.
3.4.9. That you will not interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing.
3.4.10. That you will not transmit to or make available in connection with the Service any service attack, virus, worm, Trojan horse or other harmful code or activity.
3.4.11. That you will not publish or otherwise provide false, incomplete or misleading information on the Service.
3.5. If you request myScoop to remove your Content from the Service, the right of myScoop to market your Content automatically repeals thirty (30) days after your request.
3.6. You can report Content and User behavior if the Content or User behavior is subject to a breach of the User Agreement. See clause 11.
3.7. myScoop retains the right to, at any given time and at myScoop’s sole discretion, to remove Content that might be subject to breaches with this Agreement.
3.8. By using the Service and/or submitting a content, you grant myScoop permission to:
3.9. You agree that myScoop is not responsible for, and does not endorse, content posted within our service. myScoop does not have any obligation to prescreen, monitor, edit, or remove any content. If your content violates these Terms of Use, you may bear legal responsibility for that content.
3.10. myScoop’s name and logo are trademarks of myScoop. It’s not allowed to be copied, imitated or used (not even partially) without the prior written permission of myScoop.
3.10.1. Our service contains content owned or licensed by myScoop. myScoop’s content is protected by copyright, trademark, patent, trade secret and other laws. As between you and myScoop, we own and retain all rights in the myScoop’s content and our service. You are not allowed to remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the myScoop’s content. You agree on that using myScoop’s Service is taken as a consent of not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the myScoop’s content.
3.11. We request users to allow us detect their locations to verify the details of captured content. This makes the content published on the Platform more trustful and more professional. Also, it helps us to send users camera missions on their location. When a User captures content, detecting the location (City, Country) is optional to verify content to be posted. We detect it during Scoop capturing. User can decline myScoop’s request to detect his location, we will replace (City, Country) by (Unverified).
3.12. myScoop is not responsible if User uses VPN app or any GPS misleading technique to change his real location to virtual locations, yet, myScoop will do its best to stop such misleading users and limit such behaviors.
3.13. The Service permits the Users to put forward public requests for Content (Public Missions). Requests will specify the type of Content, license type and optional price range as well as deadline for other Users’ submission of Content. All or part of the active Users will receive the announcements as a notification and then can accept, ignore, or decline this request. Some Users can request other Users to engage in certain activities in order to produce exclusive Content (Private Missions). If a User chooses to do accept a public or a private mission, such activities are at the User’s absolute sole risk. The User understands and agrees that myScoop is not responsible for any damage, injury, death or harm that the User may suffer as a result of the User’s activity in response to requests on the Service.
3.12. Copyrights.
3.12.1. myScoop does not claim ownership nor request any Content that you post on or through the Service. Instead, you hereby grant to myScoop a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy, including but not limited to sharing of your information, how we store your information, and your choices about your information. You can choose who can view your Content and as described in the Privacy Policy.
3.12.2. You agree that Content you submit to the Service will not contain any third-party copyright material, or material that is subject to other third-party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled
3.12.3. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information: (i) Your name, address, telephone number, and email address (if any). (ii) A description of the copyrighted work that you claim has been infringed. (iii) A description of where on the Platform the material that you claim is infringing may be found, to locate the material (e.g., the URL). (iv) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. (v) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. (vi) Your electronic or physical signature. Send us via contact page: Contact. You may want to send a message to the person who posted the content.You may be able to resolve the issue without contacting myScoop.Only the copyright owner or theirauthorized representative may file a report of copyright infringement. If you believe something on myScoop infringes someone else’s copyright, you may want to let the rights owner know.
3.12.4. You agree and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
3.9. Music Copyrights.
3.9.1. If you post content that contains music owned by someone else, your content may be suspended, or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorized. Also, you may not be able to post or access videos containing music in every country of the world. And we will suspend the Scoop if the owner reported the Scoop.
3.10. The Licensee can purchase Scoops from other Scoopers in order to be a “Buyer Scooper” who is buying content from other Scoopers to repost it on their wall or download it on their device for any further use. The ownership of the copyrights of the Scoop transfer to the Licensee once they purchased the Scoop.
3.11. Licensor can sell their Scoops by offering them privately or publicly to other Scoopers and “Publishers” who request private and public missions.
3.12. To send a request to capture certain content (“Mission”, in plural “Missions”), user has to be a Verified Publisher Account (“The Publisher”), media organization, only after being reviewed and evaluated by myScoop’s administration upon the submitted “Verified Publisher Account” form.
3.12.1. The Publisher can send private missions for specific Scoopers or post public missions to be viewed on the map of the users.
3.12.2. The Publisher cannot be refunded after buying Missions. Also, if Publisher downgraded their account to standard user account, your active mission will be disabled immediately. Your balance of missions will be also lost and you won’t be refunded.
3.12.3. Publisher has limited number of missions to post in public and also limited number to send to a specific user. However, they can buy extra missions to be credited in their account.
4. Selling content through our service
4.1. Users are able to sell and purchase published Content through licenses.
4.1.1. Selling:
To sell your content on myScoop, you need to install myScoop app, create a scooper account (default), turn on the pricing option in Post screen, and define your CashOut methods. No fees are applicable for installation and registration. It is totally FREE. Moreover, we stand by our scoopers, we do not take commissions on their sales. How you price your content to sell on myScoop is totally up to you, however you should consider that you will not be paid out 100% of the price you set for your scoop. Even though we do not take commissions on your sales, but still we need to deduct the fees of money transfer to you through 3rd party service (e.g: PayPal takes for instant Cashouts up to 2.5% of the Cashout amount, with a minimum fee of 30 Cent and other charges if applicable (e.g: Currency exchange rate, Taxes in your state, etc…). We use PayPal (http://paypal.com) to transfer money to scoopers. Your country has to be supported by PayPal. Please be aware that the time needed to receive your money is processed and managed by PayPal side, not myScoop. Your revenues will be automatically posted on your myScoop business account in the Earnings tab. Upon your CashOut request we will release your balance to your CashOut account which you will need to define. When selling a scoop, you are allowing myScoop to transfer full copyrights of the sold scoop to the purchaser being the new owner. Purchasers will have open license to use the purchased scoop in any geographic territory, in any medium or format, for any purpose, for unlimited number of times, and with no expiry date on their rights to use the purchased scoop. Purchasers can download the purchased scoop to their devices &/or post it to their own public profiles. Purchasers are NOT allowed to resell the scoops they purchase on myScoop outside our platform. However, in cases when they purchase an exclusive scoop, they can still resell it on myScoop by reposting it to their public profile with a new price.
4.1.2. Purchasing:
Once you click the download icon below the scoop you will see the price stated on the purchase button. However, you should consider that you will need to pay more than the price you see. When you click the purchase button, the app will show in the next screen the total you need to pay. The total includes myScoop commission and 3rd party fees (e.g.: PayPal). Your purchases will be automatically posted in your myScoop account in the Payments tab. The myScoop commission is 20%. Basically, the purchase of scoops is undertaken via PayPal who automatically take out their own transaction fees (up to 4% + 0.3 USD). Learn more on: https://paypal.com. When you purchase a scoop, the scoop owner receives the money, and myScoop allows the scoop to be downloadable in its original size and resolution and without a watermark. At the time of purchase, a digital receipt is emitted for both purchaser and seller.
4.2. in-App Purchase:
We may allow you to purchase items or subscriptions within Apps. When you make such purchases, you will be billed by the app platform (PlayStore or AppStore ), not us. To turn off automatic renewal for subscriptions, access your platform’s account settings. Any billing inquiries should be directed to the app platform.
5. Subscriptions & In-App Purchase
5.1. We offer free (Basic) memberships and paid subscriptions that allow you to use extra in-app features. You may upgrade to a paid “myScoop Partner” account (you sign up for free membership then pay online for in-app purchase) or a “Publisher” account (you sign up for free membership then contact us for an individualized agreement). Advertised prices and features may change.
5.2. You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage.
5.3. We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
5.4. When you make “in-app” purchases, you will be billed by the app platform (PlayStore and AppStore)), not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not myScoop’s). Our refund policy does not apply to in-app purchases. Any billing inquiries should be directed to the app platform.
5.5. Subject to the terms hereof, Publisher subscribers who purchase plans directly from myScoop may cancel and receive a full refund of their initial purchase within thirty (30) days after purchasing an annual plan and five (5) days after purchasing a monthly plan. Our Refund Policy does not apply to:
5.5. To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused features, bandwidth, and other usage limits do not roll over.
5.6. Publisher account subscribers may opt out according to an individualized agreement. Any opt-out or notice of non-renewal will not affect the current subscription period. myScoop may decline renewals.
5.7. When a subscription ends, the account will, at myScoop’s option, revert to Basic (free) account status. Any upgraded in-app features in the account will be downgraded to comply with the limitations of the new account status. You are responsible for archiving your content. myScoop shall not be responsible for the loss of any content.
5.8. You may not sell, resell, rent, lease, or distribute any subscription or any other aspect of our Services to any third party unless authorized by us in writing.
6. Grant of License
6.1. When a license is granted, the User publishing the Content on the Platform becomes the direct Licensor, while the User requesting the purchase of a license for the use of the Content becomes the Licensee. Although myScoop may facilitate a sale of a license through the Service, both the Licensor and the Licensee understand and agree that myScoop is not granting this license to the Licensee. The Licensor has granted a license to the Licensee, containing a right of use. The right entails that the Licensee is entitled to use the purchased Content for editorial purposes, see subsection 6.5. The Licensee cannot sell or assign the right of use to any third party, however notwithstanding subsection 4.2.1. The Licensee guarantees that any use relating to the purchased Content is in accordance with this Agreement.
6.2. If the Licensee has any subsidiaries or affiliated companies, the Licensee can only use the license within its own legal entity. A use in another legal entity necessitates a separate purchase for that legal entity. The Licensee can however contact myScoop via contact page: Contact to enter into a specific agreement.
6.3. Licensee cannot use the Content as a logo or trademark, neither fully nor partially.
6.4. The Licensee can only use the Content for editorial purposes and in connection to editorial content. This means that the use of the Content must be in connection to, or in regards to, events of news value, entertainment value, or public interest and must be suitable for either online media (e.g. newspaper websites, internet media), TV-stations, web-TV-stations, magazines, papers or other physical media and other related publications. Apart from the above the Content cannot be used for any commercial purposes, including but not limited to activities such as advertisement, marketing and other activities directly related to commerce.
6.5. The Content may not be altered nor made accessible to the general public in a manner or in a connection that is violating the author’s literary or artistic reputation or character. The Licensee using Content of artistic character must at all time give credit to the Licensor. Licensee is allowed to crop the Content as long as the Licensee still credits the Licensor when using the Content. The license to the Content is sold “as is" and “as available" and no additional guarantee, whether directly or indirectly, can be given.
6.6. The Content must comply with the following rules of reference:
6.6.1. Offline/print Content;
6.6.1.1. The byline “Photo: myScoop" must be placed under or near the Content. If there are any persons in the Content, the byline must be “Model photo: myScoop".
6.6.1.2. If the Content shows a single person or a few persons that can be easily identified and who are the main focuses of the Content, the byline must be “Model photo/video: myScoop". It is the responsibility of the User to gain the specific, informed and voluntary consent from the identifiable person or persons in the Content before uploading it to the Platform.
6.6.1.3. If the person or few persons who could be identified reported the Scoop, the User has to submit documented evidence of their consent, if not, myScoop will delete or suspend the Scoop from the Platform.
6.6.1.4. The use of Content requires a statement of credit to the Licensor in accordance with good practice. The credit should appear under or near the Content as follows: “myScoop/ [Content creator name]”.
6.6.2. Online Content;
6.6.2.1. Where possible, the link www.myScoop.co must be placed under or near the Content. Alternatively, the byline must be “Photo/video: myScoop". The byline must be placed under or near the Content, on the same page as the main article of which the Content is illustrating.
6.6.2.2. If the Content shows a single person or a few persons that can be easily identified and who are the main focuses of the Content, the byline must be “Model photo/video: myScoop". It is the responsibility of the User to gain the specific, informed and voluntary consent from the identifiable person or persons in the Content before uploading it to the Platform.
6.6.2.3. If the person or few persons who could be identified reported the Scoop, the User has to submit a documented evidence of their consent, if not, myScoop will delete or suspend the Scoop from the Platform.
6.6.2.4. The use of Content requires a statement of credit to the Licensor in accordance with good practice. The credit should appear under or near the Content as follows: “myScoop/ [Content creator name]”.
6.6.3. Crediting the Licensor
6.6.3.1. Except Exclusive Scoops, the Licensee using Content must at all time give credit to the Licensor. The credit should appear as follows: “myScoop/ [Content creator name]”.
6.7. myScoop cannot be held liable in this relation if all instructions, following from this Agreement and as communicated between the parties, are followed.
7. Payment
7.1. myScoop facilitates licensing of Content. There are two forms of licenses:
7.1.1. Non-exclusive license; The price for purchasing Content regulated by the Non-exclusive license is decided by the Licensor using the price range on the Platforms. The price is a one-time fee that must be paid up front.
7.1.2. Exclusive license; the price for purchasing Content regulated by the exclusive license is decided by the Licensor. The price can maximum amount to the Exclusive Maximum Price listed in the price range on the Platform. The price is a one-time fee that must be paid up front.
7.1.2.1. When you send an Exclusive Scoop to a Publisher user, you are transferring all Scoop’s’ copyrights to them upon successful purchasing. Once purchased, they can post this scoop in public to resell it, download it to their devices with an open license, and/or share it with third parties. Upon successful payment of money, you have agreed upon, we will transfer the copyright of the Scoop from you (The Licensor) to the other user (The Licensee). Accordingly, we will remove your profile picture, display, name, and username from Scoop’s caption. The Licensee will be the new owner of this Scoop and you will not have any further control on it.
7.2. The Licensee understands and agrees that myScoop does not guarantee that the Content can be sold for the set price. Furthermore, requests for Content can entail a set price by the requesting user. In this case, the price set by the requesting user prevails any price set by the Licensor.
7.3. No VAT or potential other fees are included. Such fees and VAT will be applied as an add-on to the price in accordance with respectively the Licensee and the Licensor’s national legislations. The Licensee is solely responsible and liable to ensure that all fees, taxes, VAT and other payments relating to the Licensee’s purchase of a license have thoroughly been paid. Likewise, the Licensor is solely responsible and liable to ensure that all fees, taxes, VAT and other payments relating to the Licensor’s sale of a license have thoroughly been paid.
7.5. Given the nature of digital downloadable items, we do not generally offer refund. If you faced any problem which prevents you from getting your purchased content, for instance the download link is not working or trying to post or repost and it is not posted or as a Publisher bought missions and the number of missions did not increase in your account, and would like to request a refund, you should send us an email on [email protected]. We will assess refund request eligibility within 90 days.
7.5.1. Considering the digital nature of myScoop, we are under no obligation to provide refund in situations including but not limited to (i) you did not like the content’s quality of Content, (ii) you have changed your mind, (iii) you bought an item by mistake, (iv) you do not want to use the content anymore, (v) you have chosen wrong style or criteria by mistake (vi) or/and the mission has expired and you did not get any scoop from any Scoopers. In general, if any harm happened we don’t refund more than 10$.
7.6. Licensee must pay the full amount for the purchased license, regardless the condition of the Content. However, the Licensee is entitled to file a complaint. myScoop may then, if your request is approved, at myScoop’s sole discretion, choose to provide the Licensee another similar piece of Content or another form of compensation.
7.7. Payment terms will follow from the Service or at www.myscoop.co. myScoop is using PayPal as third-party payment processor, to complete the payments. All prices are stipulated in USD. The processing of payments will be subject to terms, conditions and Privacy Policy of the payment processors. In addition to this Agreement, you must read and accept these terms to become a User. myScoop is not responsible for any errors caused by the payment processor. For example, we use PayPal to transfer money to your accounts. Your country has to be supported by PayPal. Please be aware that the time needed to receive your money is processed and managed by PayPal side, not myScoop.
7.8. Payment amount will withdraw from the Licensee account immediately once they purchased a Scoop. However, the Licensor earnings will be delivered upon his manual cashout request in Earning screen.
7.9. For Exclusive Scoop; when you purchase a Scoop, you can sell it one more time with the price you set afterwards.
7.10. For Exclusive Scoop, if the Licensor sold the Scoop, it can be used by the Licensee by anyhow and the new owner can resell the Scoop with fully copyrights ownership.
7.11. Missions Payment.
7.11.1. We use store in-app billing in Google Play and App Store for missions billing. You have 3 free trial missions to send. Once consumed by you, you will be redirected for business account subscription.
7.12. If you are in a war zone or can’t reach any of our payments means, we will hold your earnings till you request us sending you by any of our payments means or figure any other mean to pay you out or define your Cashout account on myScoop. In case of transferring your earnings via bank transfer, we will charge you the transactions fees and any other needed taxes depending on your country.
8. Indemnification
8.1. myScoop guarantees to be entitled to facilitate the license to the Content. However, myScoop does not hold any liability in regards to the actual Content in terms of logos, designs, architecture, furniture, persons or other subjects in the Content.
8.2. Licensor is solely liable for the Content and it is up to the Licensee, to assess whether a third party approval is necessary to ensure compliance and avoid intellectual property infringements. myScoop does not review, control or endorse any published Content. Therefore, myScoop is not liable in any way in relation hereto.
8.3. The User agrees to defend, indemnify and hold myScoop and myScoop’s suppliers harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses. myScoop is not liable for any losses suffered by the User or losses due to any agreements between Users. Therefore, myScoop cannot be held liable for any losses suffered by this use, including but not limited to errors and/or defects or unauthorized usage of the User Accounts.
8.4. myScoop is not liable in case your User Account name entails that you can be identified through your Content. In the case of a data loss, fail of system, lack of accessibility, delays, disruption or likewise, myScoop will try its utmost to restore the loss of data due to available backups to the extent possible, but does however, not hold any liability in this relation.
8.5. While myScoop makes reasonable efforts to ensure that the Service remains available at all times, myScoop do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and myScoop do not guarantee that you will be able to access or use the Service, or its features, at all times.
8.6. myScoop does not guarantee any certain amount of Content at the Service. myScoop cannot be held liable if the amount or a specific piece of Content is removed from the Service.
8.7. myScoop is not liable for any typographical errors or inaccuracies and reserves the right to correct any of such errors including but not limited to this Agreement.
8.8. When referring to myScoop in this clause, myScoop’s parents, subsidiaries, affiliates, directors, shareholders, members, managers, employees and suppliers, are also held under the same indemnifications.
8.9. Location detection capabilities of myScoop are limited and cannot guarantee 100% accuracy of location. However, we will do our best to stop such misleading users.
8.10. myScoop is not liable for your failure to provide myScoop with accurate account information; or your failure to keep your password or myScoop account’s details secure and confidential.
9. Force Majeure
9.1. myScoop cannot be held liable, directly or indirectly, in any way in the event of force majeure. Amongst recognized force majeure events are; war, nature disasters, strikes, fires and other conditions of which myScoop is not in charge of. In case of a force majeure event, delivery according to this Agreement is suspended until the force majeure condition is passed. If the delay remains for more than a month, both parties can terminate the license agreement without notice and without payment of compensation or damage to the other party.
10. Miscellaneous
10.1. The Service may contain links to third party webpages. myScoop does not endorse any website or services through the provision of such a link. Thus, myScoop cannot be held liable in any way in regards to these third parties and their use of your information, that you provide them with, once you visit their webpage.
10.2. myScoop may assign myScoop’s rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without myScoop’s prior written consent, and any unauthorized assignment by you will be null and void.
10.3. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect and will not affect the validity and enforceability of any remaining Agreement.
10.4. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject myScoop to any registration requirement within such jurisdiction or country.
10.5. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that myScoop provides.
11. Obligations and Guidelines for using myScoop
We aspire to boost user’s creativity to vlog differently, empower them to become indispensable sources, maintain their copyrights, and get paid for their original mobile content. We reserve the right to remove your content, at any time, and without prior notice, once we determine in our sole discretion to be violation of our Agreement.
Here are some important guidelines for using myScoop.
11.1. Updates: We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device.
11.2. Copyrights & Recognisable People or Properties: You must have written permission from an individual or property owner allowing the use of that person’s likeness or property (for example, a private home, a place of business) for commercial purposes. It is also common, that many places that require ticketed access (zoos, museums, sporting events) do not permit shooting for commercial reasons without consent. Upon reports from concerned people, myScoop will delete content that’s a violation in these regards.
Under myScoop’s Terms of Use and Community Guidelines, you can only post content on myScoop if it doesn’t violate the intellectual property rights of another party. The best way to help make sure that the content you post to myScoop doesn’t violate copyright laws is to only post content that you’ve created yourself. Make sure the content you submit doesn’t contain copyrighted or trademarked materials. Upon reports from concerned people, myScoop will delete content that’s a violation of the exclusive rights of a creator. This also includes less obvious elements present in a file – branded clothes, logos on drinks and food, technology brands, etc. When shooting, make sure they’re not visible.
11.3. Abusive Behaviour and Hateful Conduct: Putting into consideration that context matters when evaluating abusive behaviour and determining appropriate enforcement actions. Factors we may take into consideration include, but are not limited to whether (i) the behaviour is targeted at an individual or group of people, (ii) the report has been filed by the target of the abuse or a bystander, (iii) and/or the behaviour is newsworthy and in the legitimate public interest.
Abuse: You may not engage in the targeted harassment of someone, or incite other people to do so. We consider abusive behaviour an attempt to harass, intimidate, or silence someone else’s voice.
Hateful Conduct: You may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, sexual orientation, gender identity, religious belief, age, disability, or serious disease.
Hateful Imagery and Display Names: You may not use hateful images or symbols in your profile. You also may not use your username, display name, or profile bio to engage in abusive behaviour, such as targeted harassment or expressing hate towards a person, group, or protected category.
11.4. Adult Content: We prohibit accounts that promote or distribute pornographic content, even as a joke. Breastfeeding and other depictions of nudity in non-sexual contexts are accepted.
11.5. Child Sexual Exploitation: You may not promote child sexual exploitation. As we have zero-tolerance child sexual exploitation policy that instantly makes us reach law enforcement forces to take the needed actions to stop it.
11.6. Nudity or Sexually Suggestive Content Involving Minors: Never post, save, or send nude or sexual content involving people under the age of 18 years old — even of yourself. This includes adding sexual drawings or captions to a Scoop, even as a joke.
11.7. Illegal Content: Don’t use myScoop for any illegal activity.
11.8. Invasions of Privacy: Don’t take Scoops of people in private spaces, like someone’s home, a bathroom, dressing room, or locker room, without their knowledge and consent. If someone is in your Scoop and asks you to remove it, please do.
11.9. Threats & Violence: Never threaten to harm a person, group of people, or property. Don’t post Scoops of gratuitous violence.
11.10. Harassment & Bullying: We don’t tolerate bullying or harassment on myScoop, even as a joke. Don’t Scoop with the intention of making someone feel bad. If someone blocks you, it’s not okay to contact them from another account.
11.11. Impersonation: Don’t act in a deceptive manner. Don’t pretend to be someone you’re not, include, but not limited to your friends, family, celebrities, brands, or other organizations.
11.12. Hate Speech: Don’t post content that demeans, defames, or promotes discrimination on the basis of race, ethnicity, national origin, religious belief, sexual orientation, gender, disability, or serious disease.
11.13. Terrorism: We prohibit content that promotes terrorism. This includes, but is not limited to threatening or promoting terrorism. You also may not affiliate with organizations that — whether by their own statements or activity both on and off the platform — use or promote violence against civilians to further their causes.
11.14. Spam: Everyone hates spam. Don’t create misleading descriptions, tags, titles, or thumbnails in order to increase views. It’s not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages. We have zero tolerance for spam, misleading metadata, and scams. Spam accounts will be banned immediately without any prior warning.
11.15. Misusing Missions: Camera missions on myScoop are available to help you grab mobile videos or photos from places you do not present in. Don’t create misleading or illegal descriptions. The description has to comply with the laws and public policies of the selected location. Don’t subject the safety of your scooper to any kind of risk. Make sure that the location you are selecting is totally safe to access and shooting is permitted. Don’t use myScoop missions for any illegal purposes, including but not limited to espionage activities. It’s not okay to send large amounts of untargeted, unwanted or repetitive missions to scoopers. Don’t send missions to scoopers to ask for nudes, even as a joke. We have zero tolerance for misusing missions.
11.16. Suicide or Self-harm: You may not promote or encourage suicide or self-harm. When we receive reports that a person is threatening suicide or self-harm, we may take a number of steps to assist them, such as reaching out to that person and providing resources such as contact information for local mental health associations.
11.17. Harassment & Cyber bullying: You are not allowed to post abusive videos and/or comments on myScoop. If harassment crosses the line into a malicious attack it can be reported and may be removed. In other cases, users may be mildly annoying or petty and should be ignored.
11.17. Right of Reply: You have the right to defend yourself against public criticism in the same venue where it was published on myScoop. This allows any individual or legal body that has been named or designated in any media on myScoop to publish their version of the facts. They only need to register a free account on myScoop, in case they do not yet exist, and click the REPLY icon located under the scoop.
11.18. Code of Conduct: In using our Services, you may not:
11.19. Prohibited Technical Measurements: You must not:
11.20. Rating and Categories: We allow you to include closed captioning in your content and sort it into a relevant category. If required by applicable law, you must provide closed captioning in your content and relevant category. We may allow you to filter content based upon their user-defined content rating and category. We cannot guarantee that content will be appropriately rated by others. You must rate your content appropriately.
11.21. Violations: We respect other people’s rights, and you must do the same. So, if you find any Content to be abusive or infringing, you must immediately inform myScoop via email on [email protected]. The complaint must contain: i) a description of the Content, ii) a description of where on the Platform the Content can be localized, iii) a legal proof of your point of view, iv) and your contact information. Also, if you are not a User, yet, found any violation that infringe the above Guidelines or directly infringe your personal privacy, copyrights, etc… (E.g. you or your property has been captured by a Scooper without your approval), please don’t hesitate in contacting us on [email protected].
If you violate the above Guidelines, we may, remove the offending content, terminate your account (without any refund in case of subscriber users), or notify law enforcement. If your account is terminated or suspended for violating our Terms of Use or these Guidelines, you may not use myScoop again, and you may not be able to cash out your myScoop wallet. Please take these Guidelines seriously and honour them in the spirit in which they are intended. We will do our best to enforce them consistently and fairly, and ultimately, we’ll try to do what we think is best in each situation.
12. Governing Law and Venue
12.1. These Terms of Use are governed by and interpreted in accordance with the English law and only English courts can make judgments about them if a dispute cannot be solved through myScoop complaint process. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt-out of the agreement to arbitrate, you agree to resolve any dispute you have with myScoop exclusively in English courts located in the United Kingdom, and to submit to the personal jurisdiction of the courts located in United Kingdom for the purpose of litigating all such disputes.
12.2. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. myScoop’s failure to insist upon or enforce strict performance of any provision of these Agreement will not be construed as a waiver of any provision or right. No waiver of any of this Agreement will be deemed a further or continuing waiver of such term or condition or any other term or condition. myScoop reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with myScoop.
12.3. Software related to or made available by our service may be subject to United Kingdom export controls. Thus, no software from our service may be downloaded, exported or re-exported (i) into or to a national or resident of any country to which the United Kingdom has refrained from using goods, or (ii) to anyone on the U.K. Treasury Department’s list of Specially Designated Nationals or the U.K. Commerce Department’s Table of Deny Orders.
12.3.1. By downloading any software related to our service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
12.4. The exclusive means of resolving any Covered Privacy Claim (defined below) shall be BINDING ARBITRATION.
12.4.1. Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and myScoop are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing. The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
12.4.2. A “Covered Privacy Claim” means any dispute or claim arising out of or relating to (a) myScoop’s collection, use, storage, analysis, or transfer of your Personal Information; (b) an alleged breach of our Privacy Policy; (c) an alleged data breach or unauthorized disclosure of data or content; or (d) an allegation that myScoop failed to comply with any privacy or data security right or obligation. “Personal Information” means any information about you, including your registration information (e.g., email address), payment information, location information, device information, biometric identifiers or information, IP address, and your activities (including viewing and search history), but does not include content that you upload (except to the extent the content contains personal information about you).
12.4.3. Notwithstanding the above, each party has the right to bring an individual Covered Privacy Claim against the other in a small claims court of competent jurisdiction. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
12.5. You may opt-out of this agreement to arbitrate. If you do so, neither you nor myScoop can require the other to participate in an arbitration proceeding. To opt-out, you must notify myScoop in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt-out:
MyScoop Labs Limited
ATTN: Arbitration Opt-out
960 Capability Green, Luton, England, LU1 3PE, United Kingdom.
Include your name, residence address, e-mail address you use for your myScoop account, and a clear statement that you want to opt-out of this arbitration agreement.
12.6. Any claim arose out or related to your relationship with myScoop must be filled within one year or else it’s permanently barred.
12.7. In case of any contradictions in different language versions of the Agreement, the English version shall prevail.
13. Users in the European Union
If you’re a user in the European Union, you should know that myScoop is the controller of your personal information. Here is some additional information we would like to bring to your attention:
Your country only allows us to use your personal information when certain conditions apply. These conditions are called “legal bases” and, at myScoop, we typically rely on one of four:
13.1. Contract.
13.1. One reason we might use your information is because you’ve entered into an agreement with us. (E.g. when you purchase a Scoop and accepted our Payment Privacy, we need to use some of your information to collect payment and make sure we show your information to the right people at the right place and time).
13.2. Legitimate interest.
13.2.1. Another reason we might use your information is because we have—or a third party has—a legitimate interest in doing so. (E.g. we need to use your information to provide and improve our services, including protecting your account, delivering your Scoops, providing customer support, and helping you with content we think you’ll like). Because most of our services are free, we also use some information about you to try and show you ads you’ll find interesting. An important point to understand about legitimate interest is that our interests don’t outweigh your right to privacy, so we only rely on legitimate interest when we think the way we are using your data doesn’t significantly impact your privacy or would be expected by you, or there is a compelling reason to do so.
13.3. Consent.
13.3.1. In some cases we’ll ask for consent to use your information for specific purposes. If we do, we’ll make sure you can revoke your consent in our services. Even if we’re not relying on consent to use your information, we may ask you for permission to access data like contacts and location.
13.4. Legal obligation.
13.4.1. We may be required to use your personal information to comply with the law, like when we respond to valid legal process or need to take action to protect our users. Our policy has to notify Scoopers when we receive legal process seeking their account information.
13.4.2. If you live in the European Union.,you are a consumer and habitually reside in a territory within the European Union, the laws of your territory will apply to any claim you have against us that arises out of or relates to these Terms of Use, and you may resolve your claim in any competent court in your territory that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the United Kingdom that has jurisdiction over the claim and that the laws of the United Kingdom will govern these Terms of Use, without regard to conflict of law provisions.
14. Updating These Terms
16.1. We may change our Service and policies, and we may need to make changes to this Agreement so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
15. Versions
17.1. This is myScoop’s Terms of Use of the 01 of Jan, 2022.
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