Terms & Conditions

 

1. Services

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

Please read these terms and conditions (this “Agreement”) carefully. Your registration at www.scambook.com (the “Website”) to access the services and information (the “Services”) offered by Scambook, LLC (“Scambook” or “we” or “our” or “us”) on the Website, and your acceptance of this Agreement by clicking the “I accept” box on the registration page of the Website creates a binding, legal agreement between Scambook and you (“you” or “your”). Your access to the Website and use of the Services shall be governed by this Agreement and also by the Privacy Policy. The Privacy Policy also describes how Scambook collects and uses information you post to the Website. This Agreement and the Privacy Policy may be collectively referred to as the Agreement, are intended to be read together, and in the event of conflict between this Agreement and the Privacy Policy, the terms of the Privacy Policy shall prevail. Such registration and acceptance shall become the effective date of this Agreement (the “Effective Date”).If you choose to accept this Agreement, you must do so as written, without modification. If you do not accept these terms, you will not be allowed to access the Services. By using the Website, you accept the terms and conditions described in this Agreement. You warrant and represent that you are at least 18 years of age and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. Scambook and you are individually, a “party” and collective, the “parties.”

3. Registration

By registering, you agree to provide the information requested on the registration page of the Website in accordance with the terms of this Agreement and the Privacy Policy.

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

(a) Your voluntary posting of content on the Website can be viewed, collected, and used by others. Except as expressly provided in this Agreement and the Privacy Policy, you agree that by posting content on the Website: (a) you hereby grant to Scambook a worldwide, irrevocable, perpetual, exclusive, assignable, transferable, sublicensable, royalty-free, paid up, unlimited license to use such content, in whole or in part, without limitation and for any purpose and in any manner whatsoever, including by copying, publishing, displaying, distributing, and creating derivative works of, such content, and (a) Scambook will not remove content you post on the Website.

(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.

(c) You understand and agree that Scambook monitors usage on the Website and of the Services and that, in accordance with the terms of this Agreement and the Privacy Policy, we may share your use of the Website and Services, including Personal Information (as defined in the Privacy Policy), with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website and Services is for an unlawful purpose. We may also share your use of the Website and Services, including Personal Information, to third parties without your prior consent as required by law, a court order, a subpoena, legal process, governmental request, to investigate fraud, or as Scambook determines is necessary or advisable to protect its interests or your safety or the safety of others.

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.

8. Payment

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

The term of this Agreement shall begin on the Effective Date and continue until terminated as expressly provided in this Agreement (the “Term”). This Agreement and the Privacy Policy shall run concurrently and if either terminates, then the other shall automatically terminate. You may terminate this Agreement at any time by delivering an email to Scambook at support@Scambook.com. Scambook may immediately terminate this Agreement as required by law or due to your breach of any provision of this Agreement in Scambook’s determination. Termination will become effective immediately. Upon termination, all rights granted by Scambook to you under this Agreement, including the License, shall immediately terminate, and you will not be allowed to use the Website or Services. The following Sections of this Agreement shall survive termination or expiration of this Privacy Policy for any reason: 5, 6, 9, 11, 12, 13, 15, 16, 17, 18, and 19.

10. Independent Parties

Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Scambook and you.

11. Indemnification

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.
21st Floor
Los Angeles, CA 90036
support@Scambook.com

16. Dispute Resolution

This Agreement and Privacy Policy shall be governed by and construed in accordance with the laws of the State of Utah, without regard to any applicable conflicts or choice of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply. For any dispute arising out of or in connection with this Agreement or Privacy Policy, the parties hereto irrevocably consent to binding arbitration in Salt Lake City, Utah, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such city is inconvenient. You understand that you hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement or the Privacy Policy. The prevailing party in any such arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.

17. Complete Agreement

This Agreement and the Privacy Policy contain the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof. Any modification of this Agreement or the Privacy Policy shall be effective only if in a writing signed by the parties.

18. Severability

If any provision of this Agreement or the Privacy Policy is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

19. Assignment

You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Scambook.