Last updated June 1, 2010
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.
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.
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.
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.
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.
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