USER AGREEMENT, TERMS OF SERVICE & DISCLAIMER
ACCESSING THIS WEBSITE OR VIEWING ANY OF ITS CONTENTS SHALL CONSTITUTE YOUR AGREEMENT TO BE BOUND BY THE TERMS BELOW AND THE TERMS OF THE COMMUNICATIONS DECENCY ACT. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE TERMS.
SCOOBLR.com is a website owned and operated by Scooblr, Inc.
SCOOBLR.com makes no warranties nor express or implied representations whatsoever regarding the accuracy, completeness, timeliness, comparative or usefulness of any information contained or referenced on this Web site. SCOOBLR.com does not assume any risk whatsoever for your use of this website or the information contained herein.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
Use of Information and Materials
PROHIBITED AND RESTRICTED ITEMS.
You may not post or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. Please be aware that the SCOOBLR.com website functions as a global marketing- and advertorial-site, thus the posting or selling of items may be prohibited because of laws outside of the jurisdiction where you reside.
Below, you’ll find a list of some categories of prohibited or restricted items. This list is not exhaustive; you, as the poster or seller, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction.
* Items that encourage illegal activities;
* Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;
* Giveaways, lotteries, raffles, or contests;
* Stocks, bonds, investment interests, and other securities;
* Pornographic materials or items that are sexual in nature;
* Items that do not offer a product or service for sale, such as advertisements solely for the purpose of collecting user information.
* alcohol, animals and wildlife products – examples include live animals, mounted specimens, and ivory, art, artifacts, grave-related items, and Native American arts and crafts, catalytic converters and test pipes, cell phone (wireless) service contracts, charity or fundraising listings, contracts and tickets, cosmetics, used, counterfeit currency and stamps, counterfeit products and items (watches, computers, etc.), credit cards, selling currency, drugs and drug paraphernalia, drugs, describing drugs or drug-like substances, electronics equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices, electronic surveillance equipment (i.e. wiretapping devices and telephone bugging devices), embargoed goods and prohibited countries – examples include items from Cuba and Iran, event tickets, financial services, firearms, military items and weapons, and knives, pepper spray, replicas, and stun guns, food and healthcare items, gift cards, government documents, gold, silver and other precious metals, IDs, and licenses, government, transit, and shipping-related items (i.e. airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags, etc.), hazardous materials (i.e. batteries, fireworks, nuclear (associated) materials and Freon), human parts and remains, importation of goods into the United States – (i.e. CDs that were intended only for distribution in a certain country), international trading, invoices, items encouraging illegal activity, lockpicking devices, lottery tickets, mailing lists and personal information, manufacturers’ coupons, medical devices (i.e. contact lenses, pacemakers, and surgical instruments), military items, multi-level marketing, pyramid, and matrix programs, offensive material – (i.e. ethnically or racially offensive material and Nazi memorabilia), nuclear materials, pesticides, plants, seeds and weeds, police-related items, political memorabilia (reproduction), pornographic and adult materials, postage meters, prescription drugs, prohibited services, recalled items, refurbished mobile phones, laptops and computers; replica and counterfeit items, satellite and Cable TV Descramblers, software, Spy Equipment, Stocks and Other Securities, slot machines, stamps, stocks and other securities, stolen property and property with removed serial numbers, surveillance equipment, tobacco, travel documents (passports, airplane-tickets, etc.), transit related items, unauthorized copies of Intellectual Property, veterinary products and drugs for animals, wildlife and animal Products.
SCOOBLR.com 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 your personal use; (ii) you will not copy or distribute any part of the Website in any medium without SCOOBLR.com’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.
In order to access some features of the Website, you will have to create an account. 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 SCOOBLR.com immediately of any breach of security or unauthorized use of your account. Although SCOOBLR.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SCOOBLR.com or others due to such unauthorized use. You may never use another’s account without permission.
You agree that it’s forbidden 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 SCOOBLR.com 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, SCOOBLR.com 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.
SCOOBLR.com 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. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Your use of the hyperlinks on this website to other Internet sites is at your own risk. We are not responsible for third party sites hyperlinked from this website, nor do we make any endorsements or warranties, express or implied, with respect to the content of third party websites or the products or services offered on any third party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose. We do not warrant or represent that any third party site, or the content thereon, is devoid of viruses or other contamination. We do not guarantee the authenticity of documents available on the Internet. We reserve the right to terminate any link at any time.
Intellectual Property Rights
The content on the SCOOBLR.com 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 SCOOBLR.com, subject to copyright and other intellectual property rights under U.S. 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. SCOOBLR.com reserves all rights not expressly granted in and to the Website and the Content. 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 SCOOBLR.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SCOOBLR.com Website or the Content therein.
No Spamming Policy
You understand and agree that sending unsolicited email advertisements to SCOOBLR.com email addresses or via SCOOBLR.com computer systems and servers, is expressly prohibited by these Terms. Any unauthorized use of SCOOBLR.com’s computer systems and servers is a violation of these Terms and certain U.S. and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
G. Paid postings
We may charge a fee to post Content in some areas of the Service. Each party posting Content to the Service is responsible for said Content and compliance with this User Agreement. All fees paid will be non-refundable even in the event that Content is removed from the Service for violating this User Agreement.
H. Intellectual Property Infringement
You agree that you will not use the SCOOBLR.com services to infringe the intellectual property rights or other legitimate rights of others in any way. For Users who are the subject of repeat complaints of infringement on copyrights or other intellectual property rights and legitimate rights of others, SCOOBLR.com may place restrictions on the number of product listings that these Users are allowed to post on the Site for such duration as they may in their sole discretion consider appropriate. In appropriate circumstances, SCOOBLR.com may also suspend or terminate the accounts of these Users. In addition, SCOOBLR.com reserves the right to terminate the account of a User upon any single infringement of the rights of others in conjunction with use of the SCOOBLR.com services, or if SCOOBLR.com believes that User’s conduct is harmful to the interests of SCOOBLR.com, its affiliates, or other users, or for any other reason in SCOOBLR.com’s sole discretion, with or without cause.
I. Intellectual Property Rights
I.1 SCOOBLR.com is the sole owner or lawful licensee of all the rights to the Site and the SCOOBLR.com Content. The Site and SCOOBLR.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and SCOOBLR.com Content shall remain with SCOOBLR.com, its affiliates or licensors of the SCOOBLR.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by SCOOBLR.com are hereby reserved.
I.2 “SCOOBLR.com” and related icons and logos are registered trademarks or trademarks or service marks of SCOOBLR.com, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
YOU AGREE THAT YOUR USE OF THE SCOOBLR.COM WEBSITE SHALL BE AT YOUR SOLE RISK. SCOOBLR.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SCOOBLR.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SCOOBLR.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY 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. THE INFORMATION, TOTAL CONTENT AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED “AS IS” ,TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY, LIABILITY OR RESPONSIBILITY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AND RESPONSIBILITY OF (I) ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION / CONTENTS (OR THE CONTENT OF ANY SITES LINKED TO THIS SITE), MATERIALS, TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES, ANY BUGS, TROJAN HORSES, OR THE LIKE WHICH MAY BE POSTED, EMAILED, TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. AND / OR (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND / OR (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS, AND / OR (IV) PERSONAL INJURY OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SCOOBLR.COM WEBSITE, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN. SCOOBLR.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SCOOBLR.COM SERVICES. SCOOBLR.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SCOOBLR.COM SERVICES. SCOOBLR.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED AND EMAILED ON THE SCOOBLR.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SCOOBLR.COM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SCOOBLR.COM SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SCOOBLR.COM SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SCOOBLR.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SCOOBLR.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SCOOBLR.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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY, STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
SCOOBLR.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. SCOOBLR.com reserves the right to limit certain features and functions of the platform to prescribed Registered Users. Despite the provision of the platform through the Site, SCOOBLR.com does not represent the poster / seller or the buyer in specific transactions whether or not such transactions are made on or via the Site. SCOOBLR.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the content(s), products or services offered on the Site or the ability of the suppliers to complete a service, sale or the ability of buyers to complete a purchase.
Scooblr does not guarantee that any Content will be made available through the Service. Scooblr has no obligation to monitor the Service or Content. Scooblr reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Company/Personal Profile, Advertisement or Listing; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (ii) remove or block any User or User Submission. Scooblr reserves the right not to comment on or provide explanations for any of these actions and shall not, to the fullest extent permissible by law, be held liable for any losses or damages resulting from the foregoing.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the User. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is done so at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Scooblr, Scooblr.com, its directors, employees, partners, suppliers, or content providers be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 or broadcast elsewhere. The Service may include advertisements or other content, which may be targeted to the Content or Information on the Service, queries made through the Service, or other information, and you have no claim against Scooblr for the placement of advertising or similar content on the Service or in connection with the display of Content or Information from the Service whether submitted by you or others.
Scooblr shall not be liable for any investment decisions made based upon such Content. Users agree that any reliance upon any Content or information distributed through, posted on or accessed from the Site is at your sole risk. Scooblr is entitled to rely upon the information provided by its users.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from this platform, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via this platform. You understand that SCOOBLR.com does not control, and is not responsible for Content made available through this platform, and that by using this platform, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the SCOOBLR.com site and its Content available through this platform may contain links to other websites, which are completely independent of SCOOBLR.com. SCOOBLR.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will SCOOBLR.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this platform. You acknowledge that SCOOBLR.com does not pre-screen or approve Content, but that SCOOBLR.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via this platform, for violating the letter or spirit of this User Agreement or for any other reason.
Third party content, sites and services.
The SCOOBLR.com site and its Content available through this platform may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of SCOOBLR.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through this platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that SCOOBLR.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SCOOBLR.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SCOOBLR.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. You may not use a Posting Agent to post Content to this Service without express permission or license from SCOOBLR.com. Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from SCOOBLR.com.
IN NO EVENT SHALL SCOOBLR.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHERWISE, ARISING IN CONNECTION WITH THIS WEBSITE, THE USE OR MISUSE HEREOF OR RELIANCE ON ANY INFORMATION CONTAINED HEREIN, EVEN IF SCOOBLR.COM OR ITS LICENSORS KNEW OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT SHALL SCOOBLR.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, LOSS OF DATA, REMOVAL OF INFORMATION, DATA, FILES AND DOCUMENTS BY SCOOBLR.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS LICENSORS, BY THIRD PARTIES, USERS AND / OR VISITORS OF THIS WEBSITE, 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, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND / OR (VI) 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 SCOOBLR.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 SCOOBLR.COM 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. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM (AB)USE OR MISUSE OF AND RELIANCE ON THE SCOOBLR.COM SERVICES, FROM INABILITY TO USE THE SCOOBLR.COM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SCOOBLR.COM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, INFORMATION, DATA OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SCOOBLR.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SCOOBLR.COM SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SCOOBLR.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SCOOBLR.COM SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SCOOBLR.COM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SCOOBLR.com SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME COUNTRIES, STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Requests for Removal of Links or Cached Materials
SCOOBLR.com occasionally receives requests from people to remove links from its indices. Although SCOOBLR.com reserves the right to address such requests individually, the general approach that SCOOBLR.com takes reflects the following principles: SCOOBLR.com’s indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, SCOOBLR.com cannot and does not screen anything made available through its indices. For each web site reflected in SCOOBLR.com’s indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, SCOOBLR.com would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time. SCOOBLR.com stores many web pages in its cache to retrieve for users as a back-up in case the page’s server temporarily fails. Site owners may block SCOOBLR.com from returning cached versions of their pages by using the NO ARCHIVE meta-tag. Site owners may also request immediate removal of cached page from the SCOOBLR.com Search Service. SCOOBLR.com evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted.
The information contained in this website is subject to change without notice. (I). You understand that The SCOOBLR.com Website is a platform which permits now or in the future the submission of data, documents, photos, 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, SCOOBLR.com does not guarantee any confidentiality with respect to any submissions. You understand that’s forbidden to submit or to create an account using another’s identity. In connection wirh User Submissions you also do understand that you may never use another’s account. (II). You understand that you shall be solely responsible for your own User Submissions, and / or other communications submitted by you and other users and the consequences of posting or publishing them. (III). You affirm, represent, and / or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SCOOBLR.com 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 SCOOBLR.com, you hereby grant SCOOBLR.com a worldwide, non-exclusive, royaltyfree, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SCOOBLR.com Website and SCOOBLR.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the SCOOBLR.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SCOOBLR.com 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 SCOOBLR.com Website. (IV). 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 written permission from their rightful owner to post the material and to grant SCOOBLR.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SCOOBLR.com 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. SCOOBLR.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SCOOBLRcom expressly disclaims any and all liability in connection with User Submissions. SCOOBLRcom does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SCOOBLR.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. SCOOBLR.com reserves the right to remove Content and User Submissions without prior notice. SCOOBLR.com 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. SCOOBLR.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service 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. SCOOBLR.com 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. (V). 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 the Digital Millennium Copyright Act (“DMCA”) – see http://www.SCOOBLR.com/dmca.pdf – by providing our Copyright Agent (electronic mail: [email protected]) with the following information in writing : (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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 this platform provider to locate the material; (d) Information reasonably sufficient to permit this platform provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) 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 (f) 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. SCOOBLR.com’s 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 directed to [email protected] You acknowledge that if you fail to comply with all of the requirements of this “Terms of Service & Disclaimer”, your DMCA notice may not be valid. (VI). You understand that when using the SCOOBLR.com Website, you will be exposed to User Submissions from a variety of sources, and that SCOOBLR.com 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 SCOOBLR.com with respect thereto, and agree to indemnify and hold SCOOBLR.com, 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. (VII). SCOOBLR.com permits you to link to materials on the Website for personal, non-commercial purposes only.
Choice of Law; Jurisdiction, Unenforceability
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by SCOOBLR.com. Your access to and use of this website, and these terms, are governed by and will be construed in accordance with the laws of The United States of America without giving effect to any law or rule that would cause the laws of any jurisdiction other than The United States of America to be applied. Any action arising out of these Terms or this website shall be litigated in, and only in, courts located in The United States of America, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you.
WE AND YOU HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THIS WEBSITE. In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will continue in full force and not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision. Other agreements may apply to specific products and services offered through this website. Agreements applicable to a specific product or service supercede these terms. We may change these terms at any time without notice, and any such change will be effective immediately.
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