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Terms of Use

Last Updated June 1, 2010 - PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

Thank you for visiting the Scoopnyc.com Website. The site is owned and operated by Scoop Web LLC ("Scoop NYC", "Scoopnyc.com", "Website", "we" or "us"). Please read these Website Terms of Use carefully. If you visit or shop at Scoopnyc.com, you accept these terms.
If you do not agree to these Terms of Use, you may not access or otherwise use this Website.
Scoop NYC reserves the right, at its sole discretion, to change, modify or alter these Terms of Use at anytime with or without notice. Changes will become effective immediately upon the posting thereof and will be indicated by the "Last Updated" date at the top of these Terms of Use.

Website Use & Access

You agree to use the Website for lawful purposes only and that you are responsible for your use and communications at the Website. You also agree not to transmit or post through this Website anything that infringes others intellectual property rights or violates local, state, national and international law. You agree not to use this Website in any way that may interfere with its normal operation or with any other users use and enjoyment of the Website. You agree not to transmit or post through this Website any infringing, unlawful, harassing, defamatory, vulgar, threatening, obscene, profane, indecent, offensive, hateful or objectionable material of any kind, including material that encourages criminal conduct or conduct that would give rise to civil liability.

In the event you register and/or purchase a product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities and charges that occur under your account or password. You agree to immediately notify Scoop NYC of any unauthorized use of your account or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session. Scoopnyc.com reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Intellectual Property

The Scoop NYC Website contains copyrighted materials, trademarks and other propriety information, including but not limited to text, logos, images, illustrations, designs, photographs, video, audio, software and other materials that appear as part of the Website, the worldwide rights of which are owned by Scoop NYC, its related entities, parents and its licensors. You may not use, copy, republish, upload, post (to a bulletin board, blog, or otherwise), transmit, distribute or modify any contents of this site in any way without prior written consent from Scoopnyc.com and the respective copyright owner.
Scoop NYC, Scoop Beach, Scoopnyc.com and other Scoop NYC graphics, logos, page headers, scripts, buttons, icons are trademarks, trade dress or registered and unregistered trademarks of Scoop NYC in the United States and/or other countries. Scoop NYCs trademarks and trade dress may not be used in connection with any service or product that is not Scoop NYCs.

Limits on Purchases

Scoopnyc.com does not authorize the purchase of our merchandise for resale purposes. We may, in our sole discretion, limit or cancel quantities purchased per order, per person or per household. We reserve the right to limit or prohibit orders that, in our sole judgment appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy.

Electronic Communication from Scoopnyc.com

You agree that Scoopnyc.com may send electronic mail to you for the purpose of advising you to changes or additions to this Website, notifications about Scoop NYC products or services or for such other purpose(s) as Scoop NYC deems appropriate. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

Please review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.

Product and Pricing Information

Scoopnyc.com has made every effort to display our merchandise and their colors as accurately as possible, however the displayed colors of the products will depend upon the monitor in use and Scoopnyc.com cannot guarantee that the users monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued.
The prices displayed at the Website are quoted in U.S. Dollars. Scoopnyc.com reserves the right to change prices as any time and is not responsible for typographical errors regarding price or any other matter.

Third-Party Websites

Links on Scoopnyc.com to third-party Websites are provided as a convenience to you. Scoop NYC does not control or endorse third-party Websites. Any concerns regarding any third-party Website, a service or resource they provide, or any link there to, should be directed to the third-party Website. Scoop NYC is not responsible for the content, legality, decency or accuracy of any information and for any products or services.

Sweepstakes and Contests

Scoopnyc.com may from time to time offer and/or co-sponsor contests, sweepstakes and games on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRUBTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABLITIY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
SCOOP NYC DOES NOT WARRANT THAT: (1) THE CONTENTS OF THIS SITE WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR THAT THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; (2) THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED.
ALL MERCHANDISE AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE IS SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS. SCOOPNYC.COM EXPRESSLY DISCLAIMS ALL LIABILTY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, MODIFICATION AND NON COMPLAINCE WITH ANY PRINTED DIRECTIONS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) SHALL SCOOP NYC BE LIABLE TO YOUR OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABLITLTY TO US OR ACCESS, THIS SITE OR ITS CONTENTS, EVEN IF SCOOP NYC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
SCOOP NYC OR THIRD PARTIES MAY PROVIDE LINKS TO OTHER WORLD WIDE WEB SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE SCOOP NYC HAS NO CONTROL OVER SUCH SITES AND RESOURCES, AND IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTACT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SCOOP NYC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

Indemnification

You agree to indemnify, defend and hold harmless, Scoop NYC, its affiliates, parents and their respective officers, directors, employees, agents, licensors, representatives and third-party providers to the Website from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting from any violation of these Website Terms. Scoop NYC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Scoop NYC in asserting any available defenses.

Unsolicited Suggestions
Where permitted on Scoopnyc.com, you may post comments, reviews and other content. You may send communications and submit suggestions, ideas, questions, comments, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties and does not contain or consist of software viruses, political campaigning, chain letters, commercial solicitation, mass mailings or any form of "spam." Scoop NYC reserves the right to remove or edit such content, but does not regularly review posts.

You agree that all posted content and submitted materials, unless indicated otherwise by Scoop NYC shall be deemed not confidential. You hereby grant Scoop NYC an irrevocable and unrestricted royalty fee license to use, modify, reproduce, transmit, display and distribute such materials, information, content, suggestions, ideas or comments (other than your name) for any purpose whatsoever.

Jurisdiction and Governing Law

This Website is controlled and operated by Scoop NYC from its offices in the State of New York, United States of America. By accessing and using the Website, you submit to the jurisdiction of the Federal District Court, Southern District of New York and/or the Supreme Court of the State of New York and accept all terms and conditions without limitation or qualification. Although the Website can be accessed from other locations, by accessing this Website you agree that these terms of use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in the City and State of New York for any dispute arising hereunder. Any claim or cause of action you may have with respect to Scoop NYC or the Website must be commenced within one (1) year after the claim or cause of action arose. This Website is intended for residents of the United States only. No software from this Website may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to the United States export restrictions.

Termination

You agree Scoop NYC may suspend or terminate your access to part, or the entire Website, without notice, upon any believed breach of the Terms of Use, conduct that is a violation of any applicable law or is harmful to the interests of another user or Scoop NYC, at the sole discretion of Scoop NYC.

Other

If any of these terms of use is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. These Terms of Use constitute the entire agreement between Scoop NYC and you relating to the subject matter herein. If you do not agree to these Terms of Use, please do not use this site. Scoop NYC shall have the right to change or modify these terms of use at any time.