General Terms of Use

Jason
posted this on February 28, 2009 11:47 PM
inShare6


Also see the Scribd Privacy Policy
December 3, 2013
Welcome to the Scribd.com (owned and operated by Scribd, Inc. (hereinafter Scribd)) content
management platform -- consisting of web sites, services, software applications and networks --
that allows for the authorized upload, download, purchase, sale, sharing and distribution of
written digital content over the internet (the Scribd Platform). Terms for Scribd and the
Scribd Platform apply to any site or mobile application owned and operated by Scribd, Inc,
including Scribd.com and the Scribd mobile applications.
The following Terms of Use for the Scribd Platform is a legal contract between You, either an
individual user or a single entity (You or, collectively, Users), and Scribd regarding Your
use of the Scribd Platform.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING
FOR, ACCESSING, BROWSING, POSTING, DOWNLOADING FROM OR USING THE
SCRIBD PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND
CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE
MODIFICATIONS (COLLECTIVELY, THE TERMS). IF AT ANY TIME YOU DO NOT
AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE
SCRIBD PLATFORM IN THE MANNER DESCRIBED IN SECTION 11.2 BELOW.
1. Eligibility.
The Scribd Platform is not available to persons under the age of majority in their jurisdiction or
to any users previously suspended or removed from the Scribd Platform by Scribd. If you are
using or opening an account on the Scribd Platform on behalf of a company, entity, or
organization (collectively Subscribing Organization), then you represent and warrant that you
are an authorized representative of that Subscribing Organization with the authority to bind such
organization to these Terms; and agree to be bound by these Terms on behalf of such
Subscribing Organization. BY USING THE SCRIBD PLATFORM, YOU REPRESENT THAT
you meet the eligibility requirements in this Section. In any case, you affirm that you are at least
13 years old, as the Scribd Platform is not intended for children under 13.
2. Privacy; Additional Terms.
Your privacy is important to Scribd. Scribds Privacy Policy and Giftcard/Gift Subscription
Terms and Conditions are hereby incorporated into these Terms by reference. Please read this
notice carefully for information relating to Scribds collection, use, and disclosure of Your
personal information.
3. Individual Features and Services.
When using the Scribd Platform, You will be subject to any additional posted guidelines or rules
applicable to specific services and features which may be posted from time to time (the
Guidelines). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
Scribd reserves the right, at our discretion, to change, modify, add, or remove portions of these
Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your
continued use of the Scribd Platform after the posting of changes constitutes Your binding
acceptance of such changes. For any material changes to these Terms, such amended terms will
automatically be effective ten days after they are initially posted on the Scribd Platform. We will
always make a reasonable effort to notify You if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect authors and content holders rights, it is Scribds policy to
respond to notices of alleged infringement that comply with the Digital Millennium Copyright
Act (the DMCA). For more information, please go to Scribds DMCA Notification
Guidelines. Please note that Scribd will promptly terminate without notice any Users access to
the Scribd Platform if that User is determined by Scribd to be a repeat infringer. A repeat
infringer is a User who has been notified by Scribd of infringing activity violations more than
twice as a result of DMCA takedown notices or other similar copyright notices.
6. Scribd Platform License Grant.
6.1 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, Scribd hereby
grants to You a limited, non-exclusive, non-transferable, freely revocable license to view,
download (including, without limitation download to a portable device), print, and have printed
select content for personal use, except as Scribd may restrict or block at the request of its content
providers or on its own initiative.
6.2 Reservation of Rights.
Scribd reserves all rights not expressly granted in these Terms.
6.3 Prevention of Unauthorized Use.
Scribd reserves the right to exercise whatever lawful means it deems necessary to prevent
unauthorized use of the Scribd Platform, including, but not limited to, technological barriers, IP
mapping, and directly contacting Your Internet Service Provider (ISP) regarding such
unauthorized use.
7. Content Disclaimer.
You understand that when using the Scribd Platform You will be exposed to content from a
variety of sources, and that Scribd is not responsible for the accuracy, usefulness, or intellectual
property rights of or relating to such content. You further understand and acknowledge that You
may be exposed to content that is inaccurate, offensive, indecent or objectionable, and You agree
to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have
against Scribd with respect thereto. Scribd does not endorse any content or any opinion,
recommendation, or advice expressed therein, and Scribd expressly disclaims any and all liability
in connection with content. If notified by a User or a content owner of content that allegedly
does not conform to these Terms, Scribd may investigate the allegation and determine in its sole
discretion whether to remove the content, which it reserves the right to do at any time and
without notice. For clarity, Scribd does not permit copyright infringing activities on the Scribd
Platform.
8. Prohibited Conduct.
BY USING THE SCRIBD PLATFORM YOU AGREE NOT TO:
8.1 use the Scribd Platform for any purposes other than to receive original or appropriately
licensed content, to add User Comments, and/or to access the Scribd Platform as such services
are offered by Scribd;
8.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses
granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other
content;
8.4 post, upload, or distribute any User Comments or other content that is unlawful or that a
reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of
anothers privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or
ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or
access the Scribd Platform accounts of others without permission, forge another persons digital
signature, misrepresent the source, identity, or content of information transmitted via the Scribd
Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights notices on the Scribd Platform or associated
with any content available via the Scribd Platform;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users
of the Scribd Platform. This includes, but is not limited to, unsolicited advertising, promotional
materials, or other solicitation material, bulk mailing of commercial advertising, chain mail,
informational announcements, charity requests, and petitions for signatures;
8.8 use the Scribd Platform for any illegal purpose, or in violation of any local, state, national, or
international law, including, without limitation, laws governing intellectual property and other
proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the Scribd Platform, or collect, or attempt
to collect, personal information about Users or third parties without their consent;
8.10 use the Scribd Platform if You are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-
related features of the Scribd Platform features that prevent or restrict use or copying, printing, or
sharing of any content accessible through the Scribd Platform, or features that enforce limitations
on the use of the Scribd Platform or any content available via the Scribd Platform;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code
of the Scribd Platform or any part thereof, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the Scribd Platform or any
part thereof, except and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the Scribd Platform or any users
enjoyment of them, by any means, including uploading or otherwise disseminating viruses,
adware, spyware, worms, or other malicious code;
8.15 relay email from a third partys mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the Scribd Platform for
any purpose or bypass any measures Scribd may use to prevent or restrict access to the Scribd
Platform;
8.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any
content transmitted through the Scribd Platform;
8.18 interfere with or disrupt the Scribd Platform or servers or networks connected to the Scribd
Platform, or disobey any requirements, procedures, policies or regulations of networks connected
to the Scribd Platform; or
8.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid
search engine optimization, content in HTML format with links or redirects, or other content that
in Scribds sole opinion detracts from the Scribd experience.
9. Account
When You use the Scribd Platform to print content, download content, or otherwise access
content or use any products, services, or otherwise access information from Scribd, You may be
asked to provide a password. You are solely responsible for maintaining the confidentiality of
Your account and password and for restricting access to Your computer, and You agree to accept
responsibility for all activities that occur under Your account or password. You agree that the
information You provide to Scribd on registration and at all other times will be true, accurate,
current, and complete. You also agree that You will ensure that this information is kept accurate
and up-to-date at all times. If You have reason to believe that Your account is no longer secure
(e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password,
or any credit, debit or charge card number, if applicable), then You agree to immediately notify
Scribd. You may be liable for the losses incurred by Scribd or others due to any unauthorized
use of Your Scribd Platform account.
10. Third-Party Sites, Products and Services; Links.
The Scribd Platform may include links or references to other web sites or services solely as a
convenience to Users (Reference Sites). Unless otherwise expressly stated by Scribd, Scribd
does not endorse any such Reference Sites or the information, materials, products, or services
contained on or accessible through Reference Sites. In addition, Your correspondence or
business dealings with, or participation in promotions of, advertisers found on or through the
Scribd Platform are solely between You and such advertiser. Access and use of Reference Sites,
including the information, materials, products, and services on or available through Reference
Sites is solely at Your own risk.
11. Termination; Terms of Use Violations.
11.1 Scribd.
You agree that Scribd, in its sole discretion, for any or no reason, and without penalty, may
terminate any account (or any part thereof) You may have with Scribd or Your use of the Scribd
Platform and remove and discard all or any part of Your account, User profile, and any content,
at any time. Scribd may also in its sole discretion and at any time discontinue providing access
to the Scribd Platform, or any part thereof, with or without notice. You agree that any
termination of Your access to the Scribd Platform or any account You may have or portion
thereof may be effected without prior notice, and You agree that Scribd will not be liable to You
or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity
may be referred to appropriate law enforcement authorities. These remedies are in addition to
any other remedies Scribd may have at law or in equity. Notwithstanding the foregoing, if you
have a Scribd Paid Access account, the terms on which your account may be terminated will be
set forth in the Paid Access End User License Agreement.
11.2 You.
Your only remedy with respect to any dissatisfaction with (i) the Scribd Platform, (ii) any term
of these Terms, (iii) any policy or practice of Scribd in operating the Scribd Platform, or (iv) any
content or information transmitted through the Scribd Platform, is to close Your account and stop
using Scribd. You may terminate these Terms at any time by discontinuing use of Scribd.
12. Ownership; Proprietary Rights.
The Scribd Platform is owned and operated by Scribd. The visual interfaces, graphics, design,
compilation, information, computer code (including source code and object code), products,
services, and all other elements of the Scribd Platform provided by Scribd (the Materials) are
protected by United States copyright, trade dress, patent, and trademark laws, international
conventions, and all other relevant intellectual property and proprietary rights, and applicable
laws. Scribd acknowledges that You retain ownership of any User Comments you may post via
Scribd, subject however to Your grant to Scribd of a perpetual, irrevocable, royalty-free,
worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them
for use in conjunction with the operation of the Scribd Platform. All Materials contained on the
Scribd Platform are the property of Scribd or its subsidiaries or affiliated companies and/or third-
party licensors. All trademarks, service marks, and trade names are proprietary to Scribd or its
affiliates and/or third-party licensors. Except as expressly authorized by Scribd, You agree not
to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit,
adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the
Scribd Platform. Scribd reserves all rights not expressly granted in these Terms.
13. Indemnification.
You agree to indemnify, save, and hold Scribd, its affiliated companies, contractors, employees,
agents and its third-party suppliers, licensors, and partners harmless from any claims, losses,
damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the
Scribd Platform, any violation by You of these Terms, or any breach of the representations,
warranties, and covenants made by You herein. Scribd reserves the right, at Your expense, to
assume the exclusive defense and control of any matter for which You are required to indemnify
Scribd, and You agree to cooperate with Scribds defense of these claims. Scribd will use
reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware
of it.
14. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
SCRIBD, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCRIBD
OR THROUGH THE SCRIBD PLATFORM WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN
THIS SECTION 14, THE TERM SCRIBD INCLUDES SCRIBDS OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
WILL SCRIBD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR
THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR
EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING
FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS,
LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY
OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING
OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR
YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON THE SCRIBD
PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH
SCRIBD, EVEN IF SCRIBD OR AN SCRIBD AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF SCRIBD OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS,
OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SCRIBD
PLATFORM OR YOUR INTERACTION WITH OTHER SCRIBD PLATFORM USERS
(WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR
OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE
SCRIBD PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING
THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR
PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER
THAN SCRIBD AND RECEIVED THROUGH OR ADVERTISED ON THE SCRIBD
PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT SCRIBD HAS OFFERED ITS PRODUCTS
AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE
UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET
FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION
OF RISK BETWEEN YOU AND SCRIBD, AND THAT THE WARRANTY DISCLAIMERS
AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL
BASIS OF THE BARGAIN BETWEEN YOU AND SCRIBD. SCRIBD WOULD NOT BE
ABLE TO PROVIDE THE SCRIBD PLATFORM TO YOU ON AN ECONOMICALLY
REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF
WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO
YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE
PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
16. Miscellaneous.
16.1 Notice.
Scribd may provide You with notices, including those regarding changes to Scribds terms and
conditions, by email, regular mail, or postings on the Scribd Platform. Notice will be deemed
given twenty-four hours after email is sent, unless Scribd is notified that the email address is
invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by
You through the Scribd Platform. In such case, notice will be deemed given three days after the
date of mailing. Notice posted on the Scribd Platform is deemed given ten days following the
initial posting.
16.2 Waiver.
The failure of Scribd to exercise or enforce any right or provision of these Terms will not
constitute a waiver of such right or provision. Any waiver of any provision of these Terms will
be effective only if in writing and signed by Scribd.
16.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts of law.
16.4 Jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms or Scribd
will be filed only in the state or federal courts in and for Santa Clara County, California, and You
hereby consent and submit to the personal and exclusive jurisdiction of such courts for the
purposes of litigating any such action.
16.5 Severability.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason
unenforceable, then that provision will be limited or eliminated from these Terms to the
minimum extent necessary and will not affect the validity and enforceability of any remaining
provisions.
16.6 Assignment.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be
transferred or assigned by You, but may be assigned by Scribd without restriction. Any
assignment attempted to be made in violation of these Terms shall be void.
16.7 Survival.
Upon termination of these Terms, any provision which, by its nature or express terms should
survive, will survive such termination or expiration, including, but not limited to, sections 6-16.
16.8 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of
these Terms, and will not be deemed to limit or affect any of the provisions hereof.
16.9 Entire Agreement.
These Terms (including all Guidelines and terms incorporated herein) are the entire agreement
between You and Scribd relating to the subject matter herein and will not be modified except in
writing, signed by both parties, or by a change to these Terms or Guidelines made by Scribd as
set forth in section 4 above.
16.10 Claims.
YOU AND SCRIBD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SCRIBD PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.
16.11 Disclosures.
The services are offered by Scribd Inc., located at: Scribd.com, 539 Bryant Street, Suite 200, San
Francisco, CA 94107, and email: support@scribd.com. If You are a California resident, You
may have this same information emailed to You by sending a letter to the foregoing address with
Your email address and a request for this information.
17 Gift Subscriptions.
Please refer to the Scribd Gift Subscription Terms and Conditions.