Inc. Db/a (Scoopr Storage LLC, Scoopr Card Services LLC, Scoopr Photo Services, LLC. collectively known as “ Scoopr Media Services Inc.”) sources and stores authentic user generated content for brands to use in their marketing efforts and rewards brand fans for their content for a fee, as applicable to the relevant features or content (collectively known as the “Product Offering”). The Scoopr Media Services, Inc. (Db/a) are subject to the Terms of Service
1. Your Acceptance
By using Scoopr Media Services, Inc. you signify your agreement to (1) Scoopr Media Services, Inc.’s Terms of Service applicable to your geographic location, and all other terms and conditions that generally apply to the Scoopr Media Services, Inc. website. A. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Scoopr Media Services, Inc. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Scoopr Media Services, Inc., including but not limited to all products, software and services offered via the Scoopr Media Services, Inc. website and mobile applications. B. Scoopr Media Services, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve Scoopr Media Services, Inc. from any and all liability arising from your use.
For Scoopr Mobile App Users: These terms and services also give Scoopr Media Services, Inc the legal right to operate as the exclusive reseller of the content upload by each user of our app. When a user upload their content, they are acknowledging that they will take responsibility for giving Scoopr the full right use the content for whatever it chooses. Our image release allows you as the photographer to take a photo of any moment and share that moment with Scoopr as a exclusive reseller for that piece of content.
A. In order to access some features of the Service, you will have to create a Scoopr Media Account. Scoopr Media Services, Inc. tracks and stores metadata on each individual account. You may never use another’s account without permission. When accessing the 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 Scoopr Media Services, Inc. immediately of any breach of security or unauthorized use of your account. B. Although Scoopr Media Services, Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Scoopr Media Services, Inc. or others due to such unauthorized use. Scoopr Media Services, Inc. hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: A. You agree not to distribute in any medium any part of the product offering without a license. B. You agree not to alter or modify any part of the product offering. C. You agree not to access Content through any technology or means other than the explicitly authorized means Scoopr Media Services, Inc. may designate. D. You agree not to use the Service for any commercial uses unless you license content seen in your Scoopr Media Account. A. he Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service of Scoopr Media Services, Inc. , are exclusively licensed to Scoopr Media Services, Inc. for resale for a commercial use, subject to copyright and other intellectual property rights under the law. B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Product Offering and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Scoopr Media Services, Inc. for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without licensing the Content. Scoopr Media Services, Inc. and its licensors reserve all rights not expressly granted in and to the Service and the Content. C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Product Offering or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Product Offering or the Content therein. D.You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Scoopr Media Services, Inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Scoopr Media Services, Inc. with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Scoopr Media Services, Inc. its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Product Offering. E. For clarity, you retain all of your ownership rights for the Content you license via the Scoopr Media Services, Inc. Product Offering. F. Scoopr Media Services, Inc. does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Scoopr Media Services, Inc. expressly disclaims any and all liability in connection with Content. Scoopr Media Services, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on the Product Offering, and Scoopr Media Services, Inc. e will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Scoopr Media Services, Inc. reserves the right to remove Content without prior notice. A.If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
B.Scoopr Media Services, Inc. designated Copyright Agent to receive notifications of claimed infringement email: [email protected]
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be emailed to : [email protected]
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
C. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
D. If a counter-notice is received by the Copyright Agent, Scoopr Media Services, Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Scoopr Media Services, Inc.’s sole discretion. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SCOOPR MEDIA SERVICES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. SCOOPR MEDIA SERVICES, INC. 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SCOOPR MEDIA SERVICES, INC. DOES NOT WARRANT, REPRESENT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SCOOPR MEDIA SERVICES, INC. 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. IN NO EVENT SHALL YOU SCOOPR MEDIA SERVICES, INC, 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES, 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 SCOOPR MEDIA SERVICES, INC. SHALL NOT BE LIABLE FOR CONTENT 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 Service is controlled and offered by Scoopr Media Services, Inc. from its facilities in the United States of America. Scoopr Media Services, Inc. makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Scoopr Media Services, Inc., 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 Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. 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 Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Product Offering. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scoopr Media Services, Inc. without restriction. You agree that: the Product Offering shall be deemed a passive website and app that does not give rise to personal jurisdiction over Scoopr Media Services, Inc., either specific or general. These Terms of Service shall be governed by the internal substantive laws of the United States without respect to its conflict of laws principles. If any provision of these Terms of Service 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 Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Scoopr Media Services, Inc.’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Scoopr Media Services, Inc. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND SCOOPR MEDIA SERVICES, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.