Scoop » Terms Of Service
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Talldude Networks LLC, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
Your Scoop Account
If you create a profile on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Talldude Networks LLC of any unauthorized uses of your blog, your account or any other breaches of security. Talldude Networks LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you comment on an Image Gallery, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines. By submitting Content to Talldude Networks LLC for inclusion on your Website, you grant Talldude Networks LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your profile on the Site. If you delete Content, Talldude Networks LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Talldude Networks LLC has the right (though not the obligation) to, in Talldude Networks LLC’s sole discretion (i) refuse or remove any content that, in Talldude Networks LLC’s reasonable opinion, violates any Talldude Networks LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Talldude Networks LLC’s sole discretion. Talldude Networks LLC will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Talldude Networks LLC has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Talldude Networks LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Talldude Networks LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Copyright Infringement and DMCA Policy
As Talldude Networks LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the Site violates your copyright, you are encouraged to notify Talldude Networks LLC in accordance with Talldude Networks LLC’s Digital Millennium Copyright Act (“DMCA”) Policy. Talldude Networks LLC will respond to all such notices, including as required or appropriate by removing the infringing material. Talldude Networks LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Talldude Networks LLC or others. In the case of such termination, Talldude Networks LLC will have no obligation to provide a refund of any amounts previously paid to Talldude Networks LLC.
This Agreement does not transfer from Talldude Networks LLC to you any Talldude Networks LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Talldude Networks LLC. Talldude Networks LLC, Scoop, the Scoop Logo and all other trademarks, service marks, graphics and logos used in connection with scoopgalleries.com, or the Website are trademarks or registered trademarks of Talldude Networks LLC or Talldude Networks LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Talldude Networks LLC or third-party trademarks.
Talldude Networks LLC reserves the right to display attribution links such as ‘Powered by Scoop’ on your Scoop Profile and in your Scoop Image Galleries. Footer credits and toolbar may not be altered or removed.
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using the Site within the designated notice period. Your continued use of the Site will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Talldude Networks LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your scoopgalleries.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Talldude Networks LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Talldude Networks LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Talldude Networks LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Talldude Networks LLC under this agreement during the twelve (12) month period prior to the cause of action. Talldude Networks LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Talldude Networks LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Talldude Networks LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Talldude Networks LLC, or by the posting by Talldude Networks LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Washington, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Snohomish County, Washington. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Seattle, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Talldude Networks LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.