Last Modified: JULY 06, 2017
IMPORTANT - READ CAREFULLY: This Terms of Use ("Terms") is a legal agreement between you and Scooned LLC (“Scooned”) and governs the use by "you" of Scooned’s website, services, forums, games and applications (collectively, the "Services"). By using the Services you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Services.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
PLEASE REVIEW Scooned’s PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE
Subject to these Terms, Scooned grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Scooned’s express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing “Scooned,” its affiliates, partners or artists without Scooned’s express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, “hacking” the Services, or infringing the intellectual property or other proprietary rights of Scooned or third-parties.
Additionally, where the Services are a downloadable game and/or application (“App”), Scooned grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.
Scooned may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.
The Services may include hyperlinks to other websites over which Scooned has no control. Scooned is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in Scooned’s Privacy Policy or in the privacy policy specific to the Service you are using.
You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Scooned does not authorize use of automated methods to sign up for an Account, and Scooned reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
By using the Services and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review Scooned’s Privacy Policy and opt-out procedures.
The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Scooned’s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
You agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given, except in Scooned’s sole and absolute discretion. Scooned has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Scooned has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Scooned reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Scooned may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Scooned is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Scooned discontinues availability of the Service; or (d) you disassociate from the Service.
The Services may include opportunities, through your Account or SNS, to chat or participate in blogs, message boards, online forums and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world ("Forum(s)") links, writings, photos, graphics, or other material ("Forum Content"). All Forum Content posted by you to any Forum shall be your sole responsibility.
The Forums shall be used only in a noncommercial manner. Scooned has the right, but not the responsibility, to monitor or remove Forum Content that Scooned believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. Scooned in its sole discretion, reserves the right to restrict or disable your use of the Forums.
By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to Scooned a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publically display and perform, make derivatives works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-parties in the Forums, are those of the respective authors and not of Scooned or its affiliates, and Scooned is not responsible for the accuracy or reliability of same. Scooned makes no representations or warranties regarding the Forums.
All Forum Content posted by you to any Forum shall be your sole responsibility. You may not:
You understand that you may be exposed to Forum Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms (“Inappropriate Activity”). You can report actual or suspected Inappropriate Activity to [email protected]. Scooned reserves the right, in its sole discretion, to take any action against Inappropriate Activity that Scooned believes to be harmful, offensive, or otherwise violates these Terms. You agree that Scooned will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the “Scooned Content”) shall remain in Scooned and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Scooned Content are trademarks, registered trademarks or trade dress of Scooned or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Scooned Content without prior written consent from Scooned.
The Services may allow you to create content (“Your Content”) that incorporates the Scooned Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Scooned retains all rights, title and interest in and to the Scooned Content. You retain all rights to Your Content; provided, however, that Scooned shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Scooned's use of Your Content.
SCOONED MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, SCOONED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE SCOONED SERVICES IS AT YOUR SOLE RISK.
SCOONED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT SCOONED IS NOT LIABLE, AND YOU AGREE NOT TO HOLD SCOONED LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
You agree to hold harmless, indemnify and defend Scooned, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Scooned reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will automatically terminate if you fail to comply with any term hereof. You and Scooned have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 5, 6, 11, 13, and 14 shall survive any termination.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Scooned's express written consent.
These Terms and all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, Forum Content, Inappropriate Content, Your Content, or your use of the Software or Forums shall be governed by the laws of England and Wales. You and Scooned agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, or your use of the Services or Forums shall be final and binding arbitration. The arbitration shall be conducted under the rules of the ICC International Court of Arbitration ("ICA"). To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings shall be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Scooned); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Scooned). You and Scooned must commence an arbitration by filing a demand for arbitration with the ICA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees.
Any claims related to the Services should be addressed to:
Legal Counsel - Scooned
The Law Offices of Melissa K. Dagodag
468 North Camden Drive
Beverly Hills, California 90210
Scooned’s designated agent for notice of claims of copyright infringement is as follows:
Legal Counsel - Scooned
The Law Offices of Melissa K. Dagodag
468 North Camden Drive
Beverly Hills, California 90210
Email: [email protected]
Scooned does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Scooned with feedback or other ideas, you agree that Scooned is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
These Terms, along with the Privacy Policy, and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between Scooned and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of Scooned. You agree that your breach of these Terms will cause Scooned immediate and irreparable harm and Scooned will be entitled, notwithstanding the arbitration clause set forth in Section 11 above, to seek injunctive relief without the necessity of posting bond. Scooned and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
Scooned may make changes to the Services, these Terms, or its Privacy Policy from time to time. Scooned will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. Scooned may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of Scooned’s choosing. These Terms will inure to the benefit of and be binding upon Scooned’s respective successors and assigns.
CONTACT US. If you have questions regarding these Terms, please contact us at:
Scooned
Attn: Terms of Use
E-mail: [email protected]
323-825-2525