Terms of Service

Last Updated on September 1, 2015. These terms and conditions are effective immediately.

These terms and conditions (the “Terms”) govern your access to and use of Partake’s mobile applications (“App”). By accessing or using the App, you are agreeing to these Terms and concluding a legally binding contract with SCF Ventures, LLC, a Limited Liability Company headquartered in Arlington, Virginia (“Partake”). Do not access or use the App if you are unwilling or unable to be bound by the Terms.

1.   Definitions

A.     Parties

“You” and “your” refer to you, as a user of the App. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the App. “We,”“us,” and “our” refer to Partake.

B.     Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the App, such as activities, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the App. “Partake Content”means Content that we create and make available in connection with the App. “Third Party Content” means Content that originates from parties other than Partake or its users, which is made available in connection with the App. “App Content” means all of the Content that is made available in connection with the App, including Your Content, User Content, Third Party Content, and Partake Content.

2.   Changes to the Terms of Service

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the App is governed by the Terms effective at the time of your access to or use of the App. If we make material changes to these Terms, we will notify you by email or by posting a notice on the App prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the App after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3.   Translation

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Partake, and any inconsistencies among the different versions will be resolved in favor of the English version.

4.   Using the App

A.     Eligibility

To access or use the App, you must be 16 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the App if you are a competitor of ours or if we have previously banned you from the App or closed your account.

B.     Permission to Use the App

We grant you permission to use the App subject to the restrictions in these Terms. Your use of the App is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

C.     App Availability

The App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

D.     User Accounts

Creating an Account. In order to use Partake, you must sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Partake users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You must provide certain information about yourself in order to use some of the features that are offered through the App. You are responsible for maintaining the confidentiality of your account details. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the App. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, or create multiple accounts. Please read our Privacy Policy for more information.

E.     Communications from Partake and other Users

By creating an account, you agree to receive certain communications in connection with the App. For example, you might receive messages or invite requests from other Users. You may also receive our e-mail newsletters about happenings in your neighborhood.

5.   Content

A.     Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Partake.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

B.     Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Finally, you irrevocably waive, and cause to be waived, against Partake and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

C.     Ownership

As between you and Partake, you own Your Content. We own the Partake Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other App Content, computer code, products, software, and all other elements and components of the App excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Partake Content and the App, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Partake Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Partake Content are retained by us.

D.     Advertising

Partake and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

E.     Other

User Content (including any that may have been created by users employed or contracted by Partake) does not necessarily reflect the opinion of Partake. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove an activity posting if we believe it violates our Terms of Service. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

6.   Restrictions

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

A.     You agree not to, and will not assist, encourage, or enable others to use the App to:

  1. Violate our Terms of Service;
  2. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  4. Promote a business or other commercial venture or event, or otherwise use the App for commercial purposes, except in connection with a Business Account and as expressly permitted by Partake;
  5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the App’s search results or any third party webApp;
  6. Solicit personal information from minors, or submit or transmit pornography; or
  7. Violate any applicable law.

B.     You also agree not to, and will not assist, encourage, or enable others to:

  1. Violate the Terms;
  2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the App or App Content (other than Your Content), except as expressly authorized by Partake;
  3. Use any robot, spider, App search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the App or any App Content;
  4. Reverse engineer any portion of the App;
  5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the App or on any materials printed or copied from the App;
  6. Record, process, or mine information about other users;
  7. Access, retrieve or index any portion of the App for purposes of constructing or populating a searchable database of business reviews;
  8. Reformat or frame any portion of the App;
  9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Partake’s technology infrastructure or otherwise make excessive traffic demands of the App;
  10. Attempt to gain unauthorized access to the App, user accounts, computer systems or networks connected to the App through hacking, password mining or any other means;
  11. Use the App or any App Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
  12. Use any device, software or routine that interferes with the proper working of the App, or otherwise attempt to interfere with the proper working of the App;
  13. Use the App to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the App or App Content; or
  14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App, features that prevent or restrict the use or copying of App Content, or features that enforce limitations on the use of the App.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

7.   Guidelines and Policies

A.     Content Guidelines

You represent that you have read and understood our Terms of Service.

B.     Privacy

You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the App outside of the United States, you consent to having your personal data transferred to and processed in the United States.

8.   Suggestions and Improvements

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Partake and its users any claims and assertions of any moral rights contained in such Feedback.

9.   Third Parties

The App may include links to other webApps or applications (each, a “Third Party App”). We do not control or endorse any Third Party App. You agree that we are not responsible for the availability or contents of such Third Party Apps. Your use of Third Party Apps is at your own risk.

Some of the services made available through the App may be subject to additional third party or open source licensing terms and disclosures.

10.   Indemnity

You agree to indemnify, defend, and hold Partake, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Partake Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the App, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the App, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Partake reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Partake. Partake will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11.   Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE PARTAKE ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE APP. BY ACCESSING OR USING THE APP, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

  1. THE APP IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE PARTAKE ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE APP IS AT YOUR OWN DISCRETION AND RISK. THE PARTAKE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE APP, ITS SAFETY OR SECURITY, OR THE APP CONTENT. ACCORDINGLY, THE PARTAKE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE APP’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT MADE AVAILABLE THROUGH THE APP.
  2. THE PARTAKE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE APP OR THE APP’S USERS. ACCORDINGLY, THE PARTAKE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE APP. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE APP IS AT YOUR OWN DISCRETION AND RISK.
  3. THE PARTAKE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE APP, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE PARTAKE ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
  4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APP, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE APP.
  5. THE PARTAKE ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE APP OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE PARTAKE ENTITIES IN CONNECTION WITH THE APP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $1.
  6. THE PARTAKE ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

12.   Choice of Law and Venue

Virginia law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Partake (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN ARLINGTON COUNTY, VIRGINIA.

13.   Termination

  1. You may terminate the Terms at any time by closing your account, discontinuing your use of the App, and providing Partake with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.
  2. We may close your account, suspend your ability to use certain portions of the App, and/or ban you altogether from the App for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the App, Your Content, App Content, or any other related information.
  3. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

14.   General Terms

  1. We reserve the right to modify, update, or discontinue the App at our sole discretion, at any time, for any or no reason, and without notice or liability.
  2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the App.
  3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  4. The Terms contain the entire agreement between you and us regarding the use of the App, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
  5. Any failure on Partake’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  6. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
  7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Partake’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
  8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Copyright © 2015 SCF Ventures LLC.