We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent.
We refer to SCM Globe Corporation as “SCM Globe” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by SCM Globe, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Where the use of our Services requires a Scmglobe.com account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your SCM Globe Account
You may need an SCM Globe Account in order to use some of our Services. When you purchase an SCM Globe Account you agree it is for the exclusive, personal use of a single individual.
More than one person using the same account is a violation of these Terms. It is your responsibility to safeguard your login credentials, and if you believe your account is being used without your permission it is your responsibility to contact us.
1. Fees, Payment, and Renewal
Some of our Services are offered for a fee — such as the SCM Globe app (“Paid Services”), while other Services may be free. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
To ensure uninterrupted service, our Paid Services must be renewed. This means that it is your responsibility to ensure that your account is funded for renewal when your Paid Service period expires, or you will lose access to your account.
While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
- When you use a paid service offered by SCM Globe, you agree to be charged for that service.
- We will assume you want to continue to be billed unless you cancel your service.
- Prices are subject to change, and your price may go up at renewal. We'll let you know if that's going to happen.
2. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Scmglobe.com links, and that link to Scmglobe.com. SCM Globe does not have any control over those non-Scmglobe.com websites, and is not responsible for their contents or their use. By linking to a non-Scmglobe.com website, SCM Globe does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SCM Globe disclaims any responsibility for any harm resulting from your use of non-Scmglobe.com websites and webpages.
- What happens on other peoples' websites is, quite sensibly, outside our responsibility or ability to control.
3. Copyright Infringement and DMCA Policy
As SCM Globe asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Scmglobe.com violates your copyright, you are encouraged to notify SCM Globe in accordance with SCM Globe’s Digital Millennium Copyright Act (“DMCA”) Policy. SCM Globe will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SCM Globe will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SCM Globe or others. In the case of such termination, SCM Globe will have no obligation to provide a refund of any amounts previously paid to SCM Globe.
- We assert our rights under Copyright law, and fully respect the rights of others.
- If you believe that we've violated someone's rights under Copyright law, please contact us so we can make it right.
4. Intellectual Property
This Agreement does not transfer from SCM Globe to you any SCM Globe or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with SCM Globe. SCM Globe, WordPress, Scmglobe.com, the Scmglobe.com logo, and all other trademarks, service marks, graphics and logos used in connection with Scmglobe.com or our Services, are trademarks or registered trademarks of SCM Globe or SCM Globe’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any SCM Globe or third-party trademarks.
- We don't grant you license to copy our text, images, or source code. Those things belong to us.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Times change, and our terms will, too.
- If there's a problem at any point, the version of this document that exists at that point in time will govern our official stance on the issue.
SCM Globe may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Scmglobe.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Our relationship is purely at-will. Either of us may discontinue it at any time.
7. Disclaimer of Warranties
Our Services are provided “as is.” SCM Globe and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SCM Globe nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
- Life happens. We can't be held responsible for things outside our control.
8. Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cook County, Illinois.
- The law of Illinois, U.S.A. (where we're based) is the law we have to follow.
9. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Chicago, Illinois, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
- There's enough suing going on out there. Let's take it to arbitration instead.
10. Limitation of Liability
In no event will SCM Globe, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SCM Globe under this Agreement during the twelve (12) month period prior to the cause of action. SCM Globe shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Again, we can't control what we can't control, and we can't be held responsible for it.
11. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection), and;
- Will not infringe or misappropriate the intellectual property rights of SCM Globe, or any third party.
If You’re Still Reading This:
- Jeez, that's a lotta legal-ese! Have some eyebleach!
12. U.S. Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and SCM Globe reserves the right to terminate accounts or access of those in the event of a breach of this condition.
- Don't make our government mad.
You agree to indemnify and hold harmless SCM Globe, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
- If you do something silly with our service and get in trouble, you can't blame us.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- English isn't the only language, but it's the one this document was written in.
This Agreement constitutes the entire agreement between SCM Globe and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SCM Globe, or by the posting by SCM Globe of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SCM Globe may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- Holy smokes!
- You're a trooper!