Terms and Conditions
SCOOP.COM (the "Service") is an information service provided by NetContent, Inc. ("NetContent"). By accessing or using the Service, you accept and agree to all of the terms of this Terms and Conditions ofService agreement ("Agreement"). Please read this Agreement carefully before accessing or using the Service.
Service
You acknowledge that the Service will be comprised of such information sources and materials as NetContent elects to include in the Service. NetContent reserves the right to add, substitute or delete information sources and any other materials included in the Service without notice. NetContent may also discontinue or change the Service, or its availability to you, at any time without notice. You agree that you will pay all charges incurred and be responsible for all acts and omissions that occur while you access, use or make purchases from the Service.
Use of Information
All information available through the Service is the property of NetContent or its licensors and information providers, and is protected by copyright and other intellectual property laws. You may view and print or download information received through the Service solely for your personal, non-commercial use. You agree not to reproduce, retransmit, disseminate, publish, post (e.g., to newsgroups, mail lists or electronic bulletin boards), broadcast, sell, circulate or otherwise distribute to others (including without limitation others in the same company or organization) any information received through the Service.
Copyright and Trademarks
You acknowledge that the information available through the Service includes copyrighted materials, as well as trademarks, service marks and logos owned by NetContent and its licensors and information providers. You agree not to alter or remove any trademarks, service marks, logos or copyright notices from any information provided by the Service or from any authorized reproduction of such information.
User Acknowledgements
You acknowledge that NetContent distributes but does not author or edit the content of the information available through the Service. Due to the number of sources from which information for the Service is obtained, the inherent hazards of electronic distribution and other factors which could affect the availability or delivery of information, you acknowledge that there may be delays, omissions and inaccuracies in such information and the Service.
Disclaimer of Warranties
The Service is offered to you on an "as is" basis without representation or warranty of any kind. NetContent and its licensors and information providers expressly disclaim all warranties, express or implied, with respect to the Service and the information available through the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, performance or quality. NetContent and its licensors and information providers also expressly disclaim and assume no responsibility for the accuracy, adequacy, timeliness or completeness of the Service or the information available through the Service. Further, neither NetContent nor its licensors or information providers make any warranties or representations regarding the use, or the results of the use, of the Service or the information available through the Service.
Limited Liability
You agree that in no event will NetContent, its affiliates, agents, licensors or information providers be liable to you or anyone else for any loss or damages arising out of the use of or inability to use the Service. In no event will NetContent, its affiliates, agents, licensors or information providers be liable to you or anyone else for lost profits or any special, consequential or similar damages arising out of the use or inability to use the Service, even if advised of the possibility of such damages, and regardless of whether such damages result from the failure or inadequacy of any exclusion or other remedy. Neither NetContent nor any of its affiliates, agents, licensors or information providers are responsible or will be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on information furnished by the Service. You agree that the liability of NetContent and its affiliates, agents, licensors and information providers, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Service or the information in the Service shall not exceed the amount you paid NetContent for use of the Service. The provisions of this paragraph shall survive the termination or expiration of this Agreement.
Remedies for Breaches
If you fail to comply, in whole or in part, with any provision of this Agreement, including your obligations to make any payments to NetContent required hereunder, NetContent may terminate your right to access and use the Service. In addition, NetContent may recover from you all payments due hereunder and all costs and expenses of collection, including reasonable attorneys' fees, and may pursue any other remedies available to NetContent at law or in equity. You agree not to access or use the Service in any matter whatsoever following termination by NetContent of your right to do so.
Waiver
The waiver by NetContent of any breach of this Agreement will not be construed as a waiver of any future breach. NetContent's failure to enforce any provision of this Agreement, for whatever reason, shall not affect NetContent's right to subsequent enforcement of such provision or any other provision of this Agreement.
Modifications
NetContent reserves the right to change the terms of this Agreement at any time and will notify you by electronic mail of any such changes. By accessing or using the Service after notification of any changes to the Agreement is sent to you, you accept and agree to all such changes.
Entire Agreement
You acknowledge that this Agreement constitutes the entire agreement between you and NetContent relating to the Service, and supersedes all oral agreements, understandings and negotiations with respect to the Service. Oral representations, warranties or agreements not embodied in this Agreement are not binding.
Assignment
You may not assign your rights or obligations under this Agreement without the prior written consent of NetContent. NetContent may assign this Agreement at any time.
General
If a court determines that any provision of this Agreement is illegal or invalid under applicable law, the remaining portions of this Agreement will continue in full force and will not be affected by such determination. This Agreement will be governed by and construed in accordance with the internal laws of the State of Tennessee without regard to the choice of law principles thereof.
