Who is a Creator?

A creator is everyone who creates content (text, images, audio, video, or other forms) on ScrollStack and offers it to users for free, by registration, or for a fee.

To become a creator, you will need to be invited by either ScrollStack or a ScrollStack creator. Once you sign up to be a creator, you are on your way to create, share, and earn using your passions and expertise. You will be able to create beautiful articles, reports, and other works that your followers can have access to for free, under registration, or for a fee.

CREATOR TERMS OF SERVICE

Thank you for using ScrollStack!

These Creator Terms of Service (“Terms”) govern your access to and use of the ScrollStack website, apps, APIs, and widgets (“ScrollStack” or the “Service”). Please read these Terms carefully and contact us if you have any questions. By creating an account under these Terms (“Creator Account”), or by accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines.

1. Our Service

Simply Put

We are a platform where you can follow and support leading thinkers and creators, and support them by paying for content.

ScrollStack helps you create and share content that you are passionate about, and earn from your content by charging users to access it. To do that, we will distribute and promote your content to users who we think will be interested in it. To provide our Service, we need to be able to identify you and your passions. Some of the content we show you are promoted by advertisers. As part of our service we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.

2. Using ScrollStack

Simply Put

1. If you are 13 or older, you are most welcome, just follow whatever the laws applicable to you are.

2. Please use ScrollStack as you see fit, just don’t do anything we wouldn’t or not allowed by our community guidelines/law.

2.1. Who can use ScrollStack

You may use our Service only if you can legally form a binding contract with ScrollStack and only in compliance with these Terms and all applicable laws. When you create your Creator Account, you must provide us with accurate and complete information. You cannot use our Service if it would cause ScrollStack to violate U.S. sanctions, and by agreeing to these Terms you represent to us that you are not a sanctioned party, in a sanctioned country, or otherwise subject to U.S. sanctions. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization or other entity, (a) “you” includes you and that entity and (b) you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and you agree to these Terms on the entity’s behalf. Part of our Service may include software that is downloaded to your computer, phone, tablet or other device. You agree that we may automatically update that software and these Terms will apply to any updates.

2.2. Our licence to you.

Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable and revocable license to use our Service.

3. Your Content

Simply Put

1. ScrollStack is all about your content. Your content will always remain yours, and our use of it is purely to operate the service and promote your work. By choosing to post it on ScrollStack, you allow us and others to help it reach the widest, more relevant readership possible. We will keep it around for a bit after you delete it, just in case we need it for boring reasons

2. you are responsible for what you post. We ask you to please follow our community guidelines so that you, and everyone else has a safe, non toxic environment on ScrollStack.

3.1. Posting content

ScrollStack allows you to post content, including articles, photos, videos, links and other materials. Anything that you post or otherwise make available on ScrollStack is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to ScrollStack.

3.2. Paid content

You can create paid posts on ScrollStack that users from around the world can pay for. ScrollStack collects the payment on your behalf and handles all the processes required for it. ScrollStack will charge a 10% platform fee for all payments, and will deduct local taxes wherever applicable. We will periodically pay out your earnings minus platform fees and local taxes.

3.3. How ScrollStack and other users can use your content

You grant ScrollStack and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute your User Content on ScrollStack solely for the purposes of operating, developing, providing and using the Service. Nothing in these Terms shall restrict other legal rights ScrollStack may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it is used in the Service, for any reason, including User Content that we believe violates these Terms, our Community Guidelines, or any other policies.

3.4. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from ScrollStack, we may retain your User Content for a reasonable period of time for backup, archival, or audit purposes. Furthermore, ScrollStack and our users may retain and continue to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on the ScrollStack Service.

3.5. Your responsibility for your content

i. To ScrollStack and our community. ScrollStack provides a creative and positive place for you and other users to discover and share things you are passionate about. To keep it that way, you must comply with our policies, including our Community Guidelines. You must not post User Content that violates or encourages any conduct that violates laws or regulations, including but not limited to laws or regulations applicable to your line of business and laws or regulations applicable to advertising. You are responsible for User Content and any third-party content posted on your profile and you represent and warrant that User Content and any third-party content posted on your profile comply with all applicable laws and regulations. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license or otherwise use our Service without our permission.

ii. To third parties. ScrollStack respects the rights of third-party creators and content owners and expects you to do the same. You therefore agree that any User Content that you post to ScrollStack does not and will not violate any law or infringe the rights of any third party.

4. Copyright Policy

Simply Put

What we say below.

ScrollStack has adopted and implemented the ScrollStack Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright Policy.

5. Security

Simply Put

Follow internet safety best practices, you know what to do. If not, read below.

We care about the security of our users. While we work to protect the security of your content and account, ScrollStack cannot guarantee that unauthorised third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account. For accounts created on behalf of a company, organisation or other entity, you are responsible for ensuring that only authorised individuals have access to the account.

6. Third-party Links, Sites, and Services

Simply Put

We have third party links, and you might too in your content. Please exercise judgement in accessing content on, and outside ScrollStack as you would on the Internet.

ScrollStack may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ScrollStack. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from ScrollStack, you do so at your own risk and you agree that ScrollStack will have no liability arising from your use of or access to any third-party websites, services, or content.

7. Termination

Simply Put

Read below, simple enough.

ScrollStack may terminate or suspend your right to access or use this Service for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of these Terms or our Community Guidelines. Upon termination, you continue to be bound by Sections 3, and 8 of these Terms.

8. Indemnity

Simply Put

Let’s be reasonable with each other if we ever meet in court.

You agree to indemnify and hold harmless ScrollStack and our respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits, or proceedings brought by third parties), in any way related to (a) your access to or use of our Service, (b) your User Content, or (c) your breach of any of these Terms.

9. Disclaimers

Simply Put

What you see is what you get on ScrollStack - please be smart and exercise judgement.

Our Service and all content on ScrollStack is provided on an “as is” basis without warranty of any kind, whether express or implied. ScrollStack SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

ScrollStack takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

10. Limitation of Liability

Simply Put

We have very limited liability in case anything bad happens.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCROLLSTACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL SCROLLSTACK’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100.00) OR THE AMOUNTS PAID BY YOU TO ScrollStack FOR THE PAST THREE MONTHS FOR THE SERVICE. To the extent that any claim, dispute or controversy regarding ScrollStack or our Service isn’t arbitrable under applicable laws or otherwise: you and ScrollStack both agree that any claim or dispute regarding ScrollStack will be resolved exclusively in accordance with Section 11 of these Terms.

11. Arbitration

Simply Put

We will be nice to each other and resolve issues as they come up. Let’s use an arbitrator instead of going to court if we cannot mutually resolve a major issue.

For any dispute you have with ScrollStack, you agree to first contact us and attempt to resolve the dispute with us informally. If we need to contact you, we will do so at the email address or phone number associated with your Creator Account. If ScrollStack has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and ScrollStack are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Business Account.

Any arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and ScrollStack agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that ScrollStack will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $50,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $7,500 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $7,500, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorised access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ScrollStack ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

To the extent any claim, dispute or controversy regarding ScrollStack or our Service isn’t arbitrable under applicable laws or otherwise: you and ScrollStack both agree that any claim or dispute regarding ScrollStack will be resolved exclusively in accordance with Section 12 of these Terms.

12. Governing Law and Jurisdiction

Simply Put

We are governed by the laws of State of Delaware.

These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Kent County, Delaware or the United States District Court for Kent County of Delaware and our dispute will be determined under Delaware law.

13. General Terms

Simply Put

1. We can and will revise these terms - we will let you know when we do so

2. you agree to these and all other terms we have, no exceptions

3. where you live in the world determines who you are in contract with.

Notification procedures and changes to these Terms ScrollStack reserves the right to determine the form and means of providing notifications to you and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ScrollStack without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with ScrollStack in connection with the Service, shall constitute the entire agreement between you and ScrollStack concerning the Service and supersede any prior terms you have with ScrollStack regarding the Service. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect.

No Waiver No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term and ScrollStack’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Parties If you live in the United States, these Terms are a contract between you and ScrollStack, address here. If you live outside the United States, these Terms are a contract between you and need to solve for European entity.

US government agencies: if you are a United States federal government agency, your use of ScrollStack is subject to these Terms and this amendment.

US state and local government agencies: if you are a state or local government agency in the United States, this amendment applies to these Terms.

Effective Jan 1st, 2020