| Your
Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content
available through the Scoop-Alert.com domain name, the "Scoop-Alert Website",
or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the
"Terms of Service") AND THE TERMS AND CONDITIONS OF Scoop-Alert’s PRIVACY
NOTICE, WHICH ARE PUBLISHED AT http://www.Scoop-Alert.com/privacy, AND WHICH
ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these
terms, then please do not use the Scoop-Alert Website.
Scoop-Alert.com Website
These Terms of Service apply to all users of the Scoop-Alert.com Website who are
posting videos on the Website. The Scoop-Alert Website may contain links to
third party websites that are not owned or controlled by Scoop-Alert.
Scoop-Alert has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party websites. In
addition, Scoop-Alert will not and cannot censor or edit the content of any
third-party by using the Website, you expressly relieve Scoop-Alert from any
and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Scoop-Alert
Website and to read the terms and conditions and privacy policy of each other
website that you visit.
Website Access
A. Scoop-Alert hereby grants you permission to use the Website as set forth in
this Terms of Service, provided that: (i) your use of the Website as permitted
is solely for sharing videos.: (ii) you will not copy or distribute any part of
the Website in any medium without Scoop-Alert’s prior written authorization;
(iii) you will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and (iv) you
will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an
account. You may never use another's account without permission. When creating
your account, you must provide accurate and complete information. You are
solely responsible for the activity that occurs on your account, and you must
keep your account password secure. You must notify Scoop-Alert immediately of
any breach of security or unauthorized use of your account. Although
Scoop-Alert will not be liable for your losses caused by any unauthorized use
of your account, you may be liable for the losses of Scoop-Alert or others due
to such unauthorized use.
C. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the Scoop-Alert servers
in a given period of time than a human can reasonably produce in the same
period by using a convention on-line web browser. Notwithstanding the
foregoing, Scoop-Alert grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or
archives of such materials. Scoop-Alert reserves the right to revoke these
exceptions either generally or in specific cases. You agree not to collect or
harvest any personally identifiable information, including account names, from
the Website, nor to use the communication systems provided by the Website for
any commercial solicitation purposes.
Intellectual Property Rights
The content on the Scoop-Alert Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to Scoop-Alert, subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Content on the Website is provided to you AS IS for
your information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the respective owners. Scoop-Alert reserves all rights not expressly granted
in and to the Website and the Content. You agree to not to engage in the use,
copying, or distribution of any of the Content other than expressly permitted
herein, including any use, copying, or distribution of User Submissions of
third parties obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related features of
the Scoop-Alert Website or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the Scoop-Alert Website or the
Content therein.
User Submissions
A. The Scoop-Alert Website may now or in the future permit the submission of
videos or other communications submitted by you and other users ("User
Submissions") and the hosting, sharing, and/or publishing of such User
Submissions. You understand that whether or not such User Submissions are
published, Scoop-Alert does not guarantee any confidentiality with respect to
any submissions.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: (i) you own or have
the necessary licenses, rights, consents, and permissions to use and authorize
Scoop-Alert to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by the Website and
these Terms of Service; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service. For clarity,
you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to Scoop-Alert, you hereby grant
Scoop-Alert a worldwide, non-exclusive, royalty-free, sublicense able and
transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the
Scoop-Alert Website and Scoop-Alert’s (and its successor's) business, including
without limitation for promoting and redistributing part or all of the
Scoop-Alert Website (and derivative works thereof) in any media formats and
through any media channels. You also hereby grant each user of the Scoop-Alert
Website a non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, prepare derivative works of,
display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The foregoing
license granted by you terminates once you remove or delete a User Submission
from the Scoop-Alert Website.
C. In connection with User Submissions, you further agree that you will
not: (i) submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant Scoop-Alert all of
the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage Scoop-Alert or any third party; (iii)
submit material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv)
impersonate another person. Scoop-Alert does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and
Scoop-Alert expressly disclaims any and all liability in connection with User
Submissions. Scoop-Alert does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and Scoop-Alert
will remove all Content and User Submissions if properly notified that such
Content or User Submission infringes on another's intellectual property rights.
Scoop-Alert reserves the right to remove Content and User Submissions without
prior notice. Scoop-Alert will also terminate a User's access to its Website,
if they are determined to be a repeat infringer. A repeat infringer is a User
who has been notified of infringing activity more than twice and/or has had a
User Submission removed from the Website more than twice. Scoop-Alert also
reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Use for violations other than
copyright infringement and violations of intellectual property law, such as,
but not limited to, pornography, obscene or defamatory material, or excessive
length. Scoop-Alert may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these Terms of Service at
any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe
that any User Submission or other content infringes upon your copyrights, you
may submit a notification pursuant to our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(v) A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law; and
(vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Scoop-Alert.com can be sent notifications of claimed infringement at following
email: copyright@scoop-alert.com
.
E. You understand that when using the Scoop-Alert Website, you will be exposed
to User Submissions from a variety of sources, and that Scoop-Alert is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further understand and
acknowledge that you may be exposed to User Submissions that are 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
Scoop-Alert with respect thereto, and agree to indemnify and hold Scoop-Alert,
its Owners/Operators, affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to your use of the site.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SCOOP-ALERT WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, SCOOP-ALERT, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOU’RE USE THEREOF. SCOOP-ALERT MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SCOOP-ALERT WEBSITE.
SCOOP-ALERT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY AN ADVERTISER ON THIS SITE OR
THIRD PARTY SITE THROUGH THE SCOOP-ALERT.COM WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER VIDEO SHARING, AND SCOOP-ALERT.COM WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL SCOOP-ALERT.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SCOOP-ALERT.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SCOOP-ALERT SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by SCOOP-ALERT.COM from its facilities in
United States of America. SCOOP-ALERT.COM makes no representations that the
SCOOP-ALERT.COM Website is appropriate or available for use in other locations.
Those who access or use the SCOOP-ALERT.COM Website from other jurisdictions do
so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Scoop-Alert, its parent
corporation, officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your
use of and access to the SCOOP-ALERT.COM Website; (ii) your violation of any
term of these Terms of USE; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of USE and
your use of the SCOOP-ALERT.COM Website.
Ability to Accept Terms of USE
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide
by and comply with these Terms of Use. In any case, you affirm that you are
over the age of 13, as the SCOOP-ALERT.COM Website is not intended for children
under 13. If you are under 13 years of age, then please do not use the
SCOOP-ALERT.COM Website.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Scoop-Alert without
restriction.
General
You agree that: (i) the Scoop-Alert Website shall be deemed solely based in
India; and (ii) the Scoop-Alert Website shall be deemed a passive website that
does not give rise to personal jurisdiction over Scoop-Alert, either specific
or general, in jurisdictions other than South Carolina. These Terms of Service
shall be governed by the State of South Carolina of India, without respect to
its conflict of laws principles. Any claim or dispute between you and
Scoop-Alert that arises in whole or in part from the Scoop-Alert Website shall
be decided exclusively by a court of competent jurisdiction located in Cherokee
County, South Carolina. These Terms of Use, together with the Privacy Notice at
http://www.Scoop-Alert.com/privacy and any other legal notices published by
Scoop-Alert on the Website, shall constitute the entire agreement between you
and Scoop-Alert concerning the Scoop-Alert Website. If any provision of these
Terms of Use is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or
continuing waiver of such term or any other term, and Scoop-Alert’s failure to
assert any right or provision under these Terms of Use shall not constitute a
waiver of such right or provision. Scoop-Alert reserves the right to amend
these Terms of Use at any time and without notice, and it is your
responsibility to review these Terms of Use for any changes. Your use of the
Scoop-Alert Website following any amendment of these Terms of Use will signify
your assent to and acceptance of its revised terms. YOU AND SCOOP-ALERT AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SCOOP-ALERT WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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