Terms of Service
Last Updated: February 20, 2019
Scatter (“us”, or “we”) is a service provided and owned by Denver Institute for Faith & Work (“DIFW”). The website located at www.scatter.org and any sub-sites thereof (collectively the “Website” or “Service”) are copyrighted works belonging to Denver Institute for Faith & Work. DIFW is a 501(c)(3) registered non-profit organization.
These Terms of Service set forth the legally binding terms for your use of the Scatter Service. By accessing or using the Service, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SCATTER SERVICES.
1. Account Eligibility
THE SCATTER SERVICE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY SCATTER OR (B) ANY PERSONS UNDER THE AGE OF 18. By registering an account or by otherwise using the Service, You represent (a) that You have not been previously suspended or removed from the Service by Scatter; (b) that You are at least 18 years of age; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
In order to use certain features of the Service, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Scatter, whether at registration or at any other time, 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, then You agree to immediately notify Scatter using the Contact Details provided below.
1.2 Integrated Service
Scatter reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Scatter will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after Scatter makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
4. Digital Millenium Copyright Act
Copyright owners who believe their material has been infringed on the Service should contact Scatter's designated copyright agent using the Contact information found at the bottom of the Terms.
It is Scatter’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Scatter will promptly terminate without notice your access to the Service if You are determined to be a “repeat infringer.” A repeat infringer is a User who has been notified by Scatter of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Service more than twice.
5. Proprietary Materials & Licenses
5.1 Proprietary Materials
The Scatter Service is owned and operated by Denver Institute for Faith & Work (“DIFW”). The visual interfaces, graphics, design, compilation, information, written materials, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Service (the “Service Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. All Service Materials, and all trademarks, service marks, and trade names, contained on or available through the Service are owned by or licensed to DIFW, and DIFW reserves all rights therein and thereto not expressly granted by these Terms.
The "Scatter" and "Denver Institute for Faith & Work" names, logos and seals are trademarks ("Trademarks") of Denver Institute for Faith & Work. Likewise, the names, logos, and seals of the other Members are Trademarks owned by the respective Member. You may not use any of these Trademarks, or any variations thereof, without the owner's prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.
All Trademarks not owned by Scatter or DIFW that appear on the Website or on or through the services made available on or through the Website, if any, are the property of their respective owners.
Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the owner of the applicable Trademark.
5.3 Licensed Educational Content
Scatter may make available on the Service certain educational videos, exercises, and related supplementary materials that are owned by DIFW or its third-party licensors (the “Licensed Educational Content”). Scatter grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Service by Scatter solely for your personal, non-commercial purposes. Unless expressly indicated on the Service that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
5.4 Non-Commercial Use
The Licensed Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Scatter.
5.5 Crediting Scatter
If You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, You must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “All Scatter content is available for free at https://scatter.org”.
6. Prohibited Conduct
YOU AGREE NOT TO:
6.1. use the Website for any commercial use or purpose unless expressly permitted by Scatter in writing, it being understood that Scatter’s services are intended for personal, non-commercial use only;
6.2 post, upload, or distribute any defamatory, libelous, or inaccurate content;
6.3 post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
6.4 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, or perform any other fraudulent activity;
6.5 delete the copyright or other proprietary rights notices on the Website or on any Licensed Educational Content;
6.6 assert, or authorize, assist, or encourage any third party to assert, against Scatter or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content You have used, submitted, or otherwise made available on or through the Service;
6.7 use the Service 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;
6.8 defame, harass, abuse, threaten or defraud Users of the Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
6.9 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, Licensed Educational Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Service or Licensed Educational Content;
6.10 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
6.11 modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent expressly permitted by Scatter herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
6.12 intentionally interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
7. Third-Party Links and References
The Service may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Scatter does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. 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.
Scatter, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Scatter or your use of the Service and remove and discard all or any part of your account and User profile, at any time. Scatter may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Scatter 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 Scatter may have at law or in equity.
You agree to indemnify, defend, and hold harmless Scatter, DIFW, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Scatter Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Service, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein. Scatter reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Scatter, and You agree to cooperate with Scatter’s defense of these claims. Scatter will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
10. Disclaimers; No Warranties
10.1 No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCATTER, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCATTER OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SCATTER, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
10.3 Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
10.4 Limitations by Applicable Law
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
11. Limitation of Liability and Damages.
11.1 Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SCATTER 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 PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH SCATTER, EVEN IF SCATTER OR A SCATTER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SCATTER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11.2 Limitation of Damages
IN NO EVENT WILL SCATTER OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Scatter may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Service, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Scatter is notified that the email address is invalid. Notice posted on the Website is deemed given 30 days following the initial posting.
The failure of Scatter to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Scatter.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Scatter’s prior written consent, but may be assigned by Scatter without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
12.5 Entire Agreement
By email: [email protected]
By mail: Denver Institute for Faith and Work, ℅ Scatter, 600 N Grant St, #722, Denver, CO 80203