The effective date of this agreement is January 1, 2009
This Terms of Service agreement sets forth the legally binding terms for your use of You Scoop it Services. By using You Scoop it Services, you agree to be bound by this agreement, whether you're a visitor or member. You are only authorized to use You Scoop it Services if you agree to abide by all applicable laws and to this agreement. Please read and save this agreement, if you do not agree you should leave You Scoop it website and discontinue services immediately. If you wish to become a member read this agreement and accept during the registration process.
This agreement includes your rights, restrictions and obligations regarding your use of You Scoop it. You may be notified of additional terms and conditions which are hereby incorporated into this agreement. You Scoop it may modify this agreement and modification shall be posted on You Scoop it website. You Scoop it does not allow photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objecionable subject matter at any time. If such is submitted to You Scoop it then we reserve the right to revoke membership of any such user and the right to delete all material submitted.
Despite this prohibition, information provided by other You Scoop it members may contain inaccurate, inappropriate material, products or services and You Scoop it assumes no responsibility or liability for this material. If you are aware of misuse of You Scoop it Services by anyone, please contact You Scoop it immediately. You Scoop it reserves the right in it's sole discretion to reject or post or remove any posting (including any private messages) by you, or to restrict, suspend or terminate your access to all or any part of You Scoop it Services at any given time. For any or no reason, with or without prior notice and without liability.
1.) Eligibility. Use of and or membership is void where prohibited. By using You Scoop it all information must be truthful and accurate, your use must not violate any applicable law or regulation. Your account may be deleted and your membership terminated without warning.
2.) Term. This agreement will remain in full force and effect while you use You Scoop it Services or are a member. You may terminate your membership at any time.
3.) Fees. You acknowledge that You Scoop it reserves the right to charge for Services and to change its fees from time to time in its discretion. If You Scoop it terminates your membership because breach of agreement you shall not be entitled to the refund of any used or unused portion of fees.
4.) Password. When you become a member, you must choose a password. You are entirely responsible for the confidentiality of your password. You must notify You Scoop it immediately if you suspect any unauthorized use of your account or access of your password. You are soley responsible for all use of your account.
5.) Non-commercial Use by Members. You Scoop it Services may not be used in connection with any commercial endeavors except those that are approved or endorse by You Scoop it. Illegal and/or unauthorized use of to include collecting usernames and/or email addresses of members by any means, and/or for any reason, or linking to You Scoop it website is prohibited. Commercial ads, affiliate links and other forms of solicitation may be removed without notice and will result in termination of member privledges. Legal action will be taken for any illegal or unauthorized use of You Scoop it and Services.
6.) Proprietary Rights in Content on You Scoop it. You Scoop it does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship or any other materials ("Content") that you post to You Scoop it website. After posting your Content you continue to retain all ownership rights and you continue to have the right to use your Content in anyway. You do hereby grant to You Scoop it a limited license to use, modify, publicy display, publicly perform, reproduce and distribute such Content soley on and through You Scoop it Services and website. Without the right to modify member Content, You Scoop it wouldn't be able to digitally compress files that members submit or otherwise format Content for technical requirements. You Scoop it is non-exclusive, fully paid and royalty-free (meaning that You Scoop it is not required to pay you for the use on You Scoop it of the Content that you post sublicensable). You Scoop it is able to use its affiliates and subcontractors such as internet content delivery networks to provide the You Scoop it Services and worldwide You Scoop it is global in reach. This license will terminate when you remove content from You Scoop it Services. This does not grant You Scoop it the right to sell your content or the right to distribute your content outside of You Scoop it. You warrant that you own the Content posted by you, the posting of your Content on or through You Scoop it Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or persons. You agree to pay for all royalties fees, and any other monies owing any person or persons by reason of any Content posted by you to or through the You Scoop it Services and/or website. You Scoop it Content is protected by copyright, trademark, patent, trade secret and other laws and You Scoop it owns and retains all rights in the You Scoop it Content and the You Scoop it Services and/website. You Scoop it hereby grants you a limited, revocable nonsublicensable license to reproduce and display the You Scoop it Content (excluding Software code) solely for your personal use in connection with viewing the You Scoop it website and using You Scoop it Services. Except for Content posted by you, you may not copy, modify, translate, perform, display or sell any Content appearing on or through You Scoop it Services and/or website.
7.) Content Posted. You Scoop it may delete any Content in the sole judgement of You Scoop it violates this agreement or which may be offensive, illegal, or violates the rights, harms or threatens the safety of any person. You Scoop it Services assumes no responsibility for You Scoop it Services for inappropriate Content or conduct and no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the Content of the user submitting any such Content. You are soley responsible for the Content that you post on or through You Scoop it. You Scoop it has no control over and does not endorse the Content. You Scoop it makes no warranties as to Content or to the accuracy of material or Content that you transmit.
8.) Content and Activity Prohibited. The following partial list is Content that is illegal or prohibited to post on You Scoop it. You Scoop it reserves the right to investigate and take legal action against anyone who, in You Scoop it's sole discretion, violates this provision including removing the membership of te violators. Prohibited Content is sole discretion of You Scoop it.
1.) Patently offensive bigotry, racism, hatred or physical harm to group or individuals.
2.) Advocates harassment or harasses another person.
3.) Exploits people in a sexual or violent manner.
4.) Contains violence, nudity or contains a link to an adult website or offensive subject matter.
5.) Solicits personal information from anyone.
6.) Providing phone numbers, street addresses, last name, URL's or email addresses of anyone either than yourself.
7.) Providing known false information or promotion of illegal activities or obscure, threatening, obscene, defamatory, or libelous conduct.
8.) Promoting illegal or copyrighted work, pirated computer programs or links to them, providing information to circumvent manufacturer installed copy-protected devices or pirated music or links to pirated music files.
9.) Involves the transmission of chain letters, junkmail, mass mailings, spimming, spamming and instant messages.
10.) Contains password access pages or hidden pages or images.
11.) Promotes criminal activity or provides information about illegal activities, making or buying illegal weapons, violating someones privacy or creating and spreading computer viruses.
12.) Soliciting of passwords or personal identifiable information for commercial or other unlawful purposes from members of You Scoop it
13.) Commercial activities and/or sales without our prior written consent such as sweepstakes, contests, barters, advertising or pyramid schemes of any kind. These categories shall remain at the discretion of You Scoop it and are subject to change from time to time.
14.) No photos or other photography of another person without their consent.
15.) All of these terms also relate to town/business information which includes every category or directory submission to You Scoop it. We have sole discretion of what is allowed and not allowed and we reserve the right to delete anything that we find to violate our terms and conditions at any time, with or without your knowledge, notice or consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the You Scoop it Website and Services and any other project related to You Scoop it. You Scoop it reserves the right to investigate and take legal action against anyone who, in You Scoop it's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Illegal and strictly prohibited activities include, but are not limited to the following:
1.) Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, creation or spreading/sending computer viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets/agreements.
2.) Advertising to, or solicitation of any member to buy or sell any products or services through the You Scoop it Services. You may not transmit or spread chain letters or junk email to other members. It is also a violation of these rules to use any information obtained from the You Scoop it Services in order to contact, advertise to, solicit, or sell to any members without their prior consent. If you breach this agreement you acknowledge that you will have caused harm to You Scoop it Services and that the amount is extrememly dificult to ascertain. You agree to pay a $75 fee to You Scoop it in response to this breach of agreement.
3.) Interfering or disrupting or creating an undue burden on the You Scoop it Services or the networks or services connected to or partnered with You Scoop it Services or affiliates.
4.) Using the account, username, email or password of another member at anytime or disclosing your password to any third party or permitting any third party to access your account.
5.) Using any information provided by the You Scoop it Services to harass, abuse or harm another person.
6.) Using the You Scoop it Services in a manner inconsistent with any and all applicable laws and regulations.
9.) Copyright Policy. You may not post, modify, distribute or reproduce in any way any copyrighted material, trademarks, images or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of You Scoop it to terminate membership privileges of any member who repeatedly infringes the copyright rights of others without their prior written consent. If you believe your work has been used in anyway without your written consent then please contact You Scoop it through our email at: support@youscoopit.com and provide your Name, Address, Phone Number and detailed description of what has been used, where it has been used and if known, the person or persons that used it.
10.) Member Disputes. You Scoop it is not responsible in the monitoring of disputes between members and you are solely responsible for your own actions at any given time.
11.) Privacy. Use of the You Scoop it Services is also governed by our Privacy Policy, which is incorporated into this agreement by this reference and mention.
12.) Dislcaimers. You Scoop it is not responsible for any incorrect or inaccurate Content posted on You Scoop it websites or anything in connection or partnered with You Scoop it Services. This includes any Content submitted by members or users of You Scoop it or by any of the equipment, programming, programs or other Services/Equipment used by You Scoop it. Town, Business and other pages on You Scoop it do and will contain links to outside websites. You Scoop it is not responsible for the Content, accuracy, privacy, terms of service or any other part of an outside website that has been linked from You Scoop it at any time. Any linked website does not imply that You Scoop it has approved or endorsed any said link or website. When you access third party websites you do at your own risk and You Scoop it shall not be liable. You Scoop it takes no responsibility or liability for any third party advertisements posted throught the You Scoop it website, Services or other projects related to You Scoop it nor do we take responsiblity or liablity for any products or services that are being advertised. You Scoop it is not responsible for any conduct or behavior of any user or member, whether online or offline or any You Scoop it Service, website or other projects related to You Scoop it. You Scoop it assumes no responsibility or liability of any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, power outage or interruption, theft or destruction or unauthorized access to or alteration of any User or Member of You Scoop it, User or Member communication. You Scoop it is not responsible for any failure, interruption or malfunction of any kind of telephone equipment, lines, netowrks, online services, internet providers or services, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the You Scoop it Services or combination thereof, including any injury or damage to Users, Members or any other person's computer related to or resulting from participation or downloading materials in connection with the You Scoop it Services, website or any other project related to You Scoop it. Under no circumstances is You Scoop it responsible for any loss or damage, including injury or death, resulting from use of the You Scoop it Services or from any Content posted on or through the You Scoop it website, Services or any other project related to You Scoop it, whether online or offline. You Scoop it is provided "AS IS" and is available and You Scoop it expressly disclaims any warranty of fitness for a particular purpose or non-infringement. You Scoop it cannot and does not guarantee and does not promise any specific results from use of You Scoop it Services, website or any other project related to You Scoop it.
13.) Limitation on Liability. IN NO EVENT SHALL You Scoop it BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE You Scoop it SERVICES, WEBSITE OR ANY OTHER PROJECT RELATED TO You Scoop it, EVEN IF You Scoop it HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, You Scoop it'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO You Scoop it FOR THE You Scoop it SERVICES DURING THE TERM OF MEMBERSHIP.
14.) U.S. Export Controls. Any software available in connection with the You Scoop it Services, website or other projects related to You Scoop it (the "Software") is further subject to United States export controls. No Software may be downloaded from the You Scoop it Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15.) Disputes. If there is any dispute about or involving the You Scoop it Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the State of California, City of Oceanside. Either You Scoop it or you may demand that any dispute etween You Scoop it and you about or involving the You Scoop it Services must be settled in Oceanside, California, USA.
16.) Indemnity. You agree to indemnify and hold You Scoop it, its subsidiaries, affilitates, partners and other projects related to You Scoop it and their respective officers, employees, agents harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the You Scoop it Services, website or any other project related to You Scoop it in violation of this agreement and/or arising from a breach of this agreement and/or if any Content that you post on the You Scoop it Website or through the You Scoop it Services causes You Scoop it to be liable to another.
17.) Other. This Agreement is accepted upon your use of You Scoop it website, Services or other projects related to You Scoop it and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and You Scoop it regarding the use of the You Scoop it Services. The failure of You Scoop it to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. You Scoop it is a trademark of You Scoop it. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed seveerable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
18.) You Scoop it Logos and Owned Content This agreement sets forth the legal aspects of the logos created by You Scoop it for You Scoop it. You Scoop it owns and protects all of their logos and images that are created for use on this website. They are protected by Copyright laws.
Please contact You Scoop it at support@youscoopit.com with any questions regarding this Agreement.
