Terms & Conditions
Effective Date: March 6, 2013
The use of the Services (as defined below) permits users like you to post comments on the Website (as defined below) about the goods and services of individuals and businesses, in accordance with this Agreement.
2. Legal Agreement
4. Updates to this Agreement
SCAMBOOK RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. SCAMBOOK WILL ENDEAVOR TO PROVIDE YOU WITH MATERIAL UPDATES TO THIS AGREEMENT TO THE EMAIL ADDRESS YOU PROVIDE US UPON REGISTRATION OR TO SUCH EMAIL ADDRESS AS YOU MAY PROVIDE US THEREAFTER IN ACCORDANCE WITH THIS AGREEMENT. THE FOREGOING NOTWITHSTANDING, YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Scambook may, but is not obligated to, offer upgrades, updates, and improvements to the Website and Services, and to add or discontinue any Services at any time.
5. Limited License
Scambook hereby grants to you during the Term (as defined below) of this Agreement a non-exclusive, non-assignable, non-transferable, non-sublicensable, limited license (“License”) to use the Website and the Services for legal purposes (“Purpose”). You shall display all notices of trademarks, service marks, trade dress, patents, patents pending, and other intellectual property (the “Intellectual Property”) that we require. You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, Scambook’s (a) Website, (b) Services, or (c) trademarks, service marks, trade dress, patents, patents pending, and other intellectual property (the foregoing in (c) collectively, “Intellectual Property”). Except as expressly stated in this Agreement, Scambook does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Scambook to you under this Agreement are expressly reserved to Scambook.
6. Posted Information
(b) You understand and agree that Scambook assumes no responsibility for any content posted by users, including you, on the Website or through use of the Services. Content, opinions, statements, and any information posted to the Website by users are solely the expressions of such users and not in any way to be imputed to, or construed as an endorsement by, Scambook. Users, and not Scambook, are solely responsible for the content they post to the Website.
7. Prohibited Uses
(a) You shall not use the Services or the Website: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(b) You shall not copy, publish, distribute, rent, or resell the Services, in whole or in part.
(c) You shall not use the Services as the basis for making decisions concerning consumers or businesses in connection with loans, credit, insurance, credit history, employment, renting, leasing, or other decisions. The Services are not to be relied upon by any person, including you, for any purpose.
Scambook does not require you to make any payments to access the Website or use the Services, whether in the form of a one-time fee or recurring subscription fees, per use fees, or any other fees. For the avoidance of doubt, Services do not include fee-based services offered by Scambook, such as Business Resolve or Premium Service, whose usage shall be governed by their own terms and conditions.
9. Terms and Termination
10. Independent Parties
Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Scambook and you.
You shall defend, indemnify, and hold harmless Scambook and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Services, or Intellectual Property, or (b) any other breach of this Agreement.
12. Disclaimer of Warranties
SCAMBOOK: (A) PROVIDES ACCESS TO THE WEBSITE AND USE OF THE SERVICES ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE SERVICES, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND USE OF THE SERVICES. SCAMBOOK DOES NOT WARRANT THAT THE WEBSITE OR ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THEIR CONTENT OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, AND WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitations of Liability
SCAMBOOK SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCAMBOOK’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SCAMBOOK IN THE MONTH IN WHICH A CLAIM GIVING RISE TO LIABILITY HEREUNDER OCCURS. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. Compliance with Applicable Law
Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed on the Website in our case, and to the address you listed in you registration page in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.Scambook, LLC
5900 Wilshire Blvd.
Los Angeles, CA 90036
16. Dispute Resolution
17. Complete Agreement
You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Scambook.