Last Updated: January 11, 2010
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING LIVINGSCOOP.COM WEB SITES. YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON LIVINGSCOOP.COM WEB SITES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OR ACCESS LIVINGSCOOP.COM WEB SITES.
1. Acceptance of Terms of Use
Welcome to livingscoop.com, a user-generated content website ("Livingscoop", or "we"). Livingscoop.com provides various services subject to the following Terms of Use ("TOU" or "Terms of Use"). Livingscoop.com reserves the right to alter these Terms of Use without advance notice by posting revised Terms of Use. Accordingly, you should review these Terms of Use each time you access any livingscoop.com Web site to stay informed of any changes to the Terms of Use. If the Terms of Use have been changed, the "Last Updated" notation at the top of this page will reflect the date of those changes. Any use of livingscoop.com by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
2. General Terms of Use
Livingscoop.com is available for all individuals. By using livingscoop.com, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on this website, and fulfill the obligations set forth in the TOU, which forms a binding contract between you and Livingscoop. These TOU apply to all of livingscoop.com's current and future Web sites, unless otherwise provided, including but not limited to, the following sites: http:///www.livingscoop.com. In addition, when using particular services provided by livingscoop.com, you shall be subject to any additional posted Terms of Use, guidelines or rules applicable to such services. All such Terms of Use, guidelines or rules are hereby incorporated by reference into the TOU. The TOU incorporates the Terms of Use of livingscoop.com Online Privacy Policy (please see our full privacy policy at: http://www.livingscoop.com/ptx.php?page=privacy) and of livingscoop.com Editorial Policy (please see our full privacy policy at: http://www.livingscoop.com/ptx.php?page=privacy). For any portion of the Web sites that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. Livingscoop.com shall have the right at any time to change or discontinue any aspect or feature of livingscoop.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Definitions
"Account" has the definition above. "livingscoop.com ", "We", "Our", Ours", "livingscoop.com's Web sites" or "Web sites" mean, collectively, livingscoop.com and its affiliate Web sites, present and any future sites, including but not limited to: http://www.livingscoop.com and any and all on-line services operated by livingscoop.com on the World Wide Web of the Internet (the "Web"), including any and all information and material provided by livingscoop.com. "You", "Your", "Yours", "User" mean any user or visitor of livingscoop.com. "Privacy Policy" means livingscoop.com's current Privacy Policy, available at http://www.livingscoop.com/ptx.php?page=privacy. "Terms of Use", "TOU" mean the current Terms of Use of service in effect as set forth herein or elsewhere on livingscoop.com.
4. Changed Terms of Use
Livingscoop.com shall have the right at any time to change or modify the Terms of Use and conditions applicable to your use of livingscoop.com, or any part thereof, including but not limited to the livingscoop.com Privacy Policy, available at http://www.livingscoop.com /privacy.php or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on livingscoop.com Web sites, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of livingscoop.com by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. We recommend you bookmark this page and review it each time you use or access livingscoop.com, noting the "Last Updated" information at the top of this page.
5. Submissions
By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to Livingscoop and its affiliates a non-exclusive, perpetual, royalty-free, sublicenseable and transferable, worldwide license to access your submissions through Livingscoop, edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party. The above license granted by you terminates within a commercially reasonable time after you remove or delete your submited material from Livingscoop. However, you understand and agree that Livingscoop may retain, but not display, distribute, or perform, server copies of User submissions that have been removed or deleted. The above licenses granted by You in User comments are perpetual and irrevocable. Copyright in any video material you submit to Livingscoop will remain with you, subject to any license granted under these Terms. Notwithstanding the foregoing, in the event Livingscoop licenses your material as stand-alone content outside of Livingscoop's programming to third parties unaffiliated with Livingscoop, Livingscoop will pay you a percentage of the license fees it actually receives according to rates determined by Livingscoop's licensing division.
Your submissions are deemed non-confidential and livingscoop.com has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the livingscoop.com privacy policy, available at http://www.livingscoop.com /privacy.php.
You represent and warrant to Livingscoop that you have the full legal right, power and authority to grant to Livingscoop the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license.
Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. Livingscoop.com does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner.
Web site user submissions to livingscoop.com do not represent the views of livingscoop.com, Livingscoop, or any individual associated with livingscoop.com, Livingscoop, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, livingscoop.com's endorsement of User submissions. Livingscoop.com does not vouch for the accuracy or credibility of any content submitted by users on our Web sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading, hearing or watching user published content on livingscoop.com. Through your use of livingscoop.com, you or relatives may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using livingscoop.com, you assume all associated risks.
6. Copyrighted Material
(A) livingscoop.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of livingscoop.com are protected by United States copyright laws as a collective work and otherwise. Livingscoop.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by livingscoop.com, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of livingscoop.com and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(B) livingscoop.com may, from time to time, be a distributor (and not a publisher) of content supplied by third parties other than users of livingscoop.com. Accordingly, livingscoop.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of livingscoop.com, are those of the respective author(s) or distributor(s) and not of livingscoop.com or Livingscoop. Neither livingscoop.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Livingscoop.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on livingscoop.com by anyone other than authorized livingscoop.com employees acting in their official capacities. Under no circumstances shall livingscoop.com be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through livingscoop.com.
(C) Livingscoop respects the copyrights of others and expects its users to do the same. By uploading, posting or otherwise making available content on livingscoop.com, you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on livingscoop.com any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of livingscoop.com, you automatically grant, or warrant that the owner of such material has expressly granted livingscoop.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual's personal use on livingscoop.com. You hereby grant livingscoop.com the right to edit, copy, publish, sell and distribute any such material made available on livingscoop.com by you.
(D) If you believe you have a claim of copyright infringement with respect to material that is posted on livingscoop.com's Web sites, you may give livingscoop.com written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 as explained below at Article 16.
7. Conduct on livingscoop.com
(A) If you submit any materials or participate in any online forum or any other forum or similar service within or in connection with livingscoop.com, you agree to abide by the following rules of conduct:Any conduct that in livingscoop.com's sole discretion restricts or inhibits anyone else from using or enjoying livingscoop.com will not be permitted. Livingscoop.com reserves the right in its sole discretion to remove or edit messages or material submitted by you and to terminate your account for any reason. Livingscoop.com is not responsible for material submitted to livingscoop.com or posted in chat rooms, on bulletin boards or on other forums by users of livingscoop.com.
(B) The foregoing provisions of this Section 7 are for the benefit of livingscoop.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
8. Monitoring
Livingscoop.com shall have the right, but not the obligation, to monitor the content of livingscoop.com, to determine compliance with these Terms of Use. Livingscoop.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on livingscoop.com. Without limiting the foregoing, livingscoop.com shall have the right to remove any material that livingscoop.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. However, livingscoop.com will not disclose the identity of its users and sources given the First Amendment and the Reporters' privilege.
The decision by livingscoop.com to monitor and/or modify the content of livingscoop.com does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of livingscoop.com in connection with or arising from use by you of livingscoop.com or participation in any online forums or interactive features of livingscoop.com.
9. Third-Party Links, Sponsors and Frames
(A) livingscoop.com may provide links to other World Wide Web sites or resources. Because livingscoop.com has no control over such sites and resources, you acknowledge and agree that livingscoop.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that livingscoop.com 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 should direct any concerns regarding any external resource to the proprietor(s) of that site.
(B) Livingscoop.com may contain commercial images and/or links to sponsors of Livingscoop.com. Livingscoop.com is not responsible or liable for the content of those images and/or links.
(C) No third party may use framing technologies or functionalities to contain any content provided by livingscoop.com, for purposes either commercial or non-commercial, without express prior and written consent from Livingscoop.com.
(D) No third party may provide links to any content within Livingscoop.com without the express prior written consent from Livingscoop.com.
10. Disclaimer of Warranty; Limitation of Liability
(A) You expressly agree that use of livingscoop.com is at your sole risk. Neither livingscoop.com, its affiliates nor any of their respective employees, or agents warrant that livingscoop.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of livingscoop.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Livingscoop.com.
(B) LIVINGSCOOP.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LIVINGSCOOP.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF LIVINGSCOOP.COM OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL LIVINGSCOOP.COM, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LIVINGSCOOP.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LIVINGSCOOP.COM, NOR SHALL LIVINGSCOOP.COM, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LIVINGSCOOP.COM BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO LIVINGSCOOP.COM, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF SECTION 10 SHALL APPLY TO ALL CONTENT ON LIVINGSCOOP.COM
(E) IN ADDITION TO THE TERMS OF SERVICE SET FORTH ABOVE, NEITHER LIVINGSCOOP.COM, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN LIVINGSCOOP.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSIONTHEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER LIVINGSCOOP.COM, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) livingscoop.com makes reasonable efforts to protect personally identifiable information about you, as explained in its Online Privacy Policy, but livingscoop.com disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing livingscoop.com, you acknowledge and agree to livingscoop.com's disclaimer of any such liability. If you do not agree, you should not access or use livingscoop.com.
11. Termination
You agree that livingscoop.com, in its sole discretion, may terminate your Account, password, and User Name and/or use of the Web sites, and may remove and discard any content within the livingscoop.com Web sites, for any reason, including, without limitation, if livingscoop.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Web sites under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that livingscoop.com may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the Web sites. Further, you agree that livingscoop.com shall not be liable to you or any third-party for any termination of your access to the Web sites. The provisions of Sections 6, 9 (C), 9 (D), 10, 12, 13 and this Section 11, shall survive termination of these Terms of Use.
12. Indemnification
You agree to defend, indemnify and hold harmless Livingscoop.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of livingscoop.com by you or your Account by you or any other person using the Account. Livingscoop.com reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide livingscoop.com with such cooperation as is reasonably requested by livingscoop.com.
13. Trademarks
"livingscoop" and the livingscoop.com logo/s, are service marks of Livingscoop. All rights reserved. All other trademarks, logos and service marks appearing on livingscoop.com are the property of livingscoop.com or their respective owners.
14. Miscellaneous
These Terms of Use and any operating rules for livingscoop.com established by livingscoop.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. These Terms of Use shall be construed in accordance with the laws of United States, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties.
15. Force Majeure
Neither livingscoop.com nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
16. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Livingscoop's designated Copyright Agent to receive notifications of claimed infringement can be contacted by sending an email to copyright@livingscoop.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Livingscoop customer service through support@livingscoop.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Notification of Claimed Copyright Infringement. If you believe in good faith that information posted by a user on an livingscoop.com Web site violates your rights under copyright law, click on "Report" button in bottom menu.
Responding to a Claim of Copyright Infringement. If you receive a notice of copyright infringement for material you have posted on Livingscoop, contact us with all relevant details.
Counter Notification. A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to livingscoop.com within thirty (30) days of the date the material was alleged copyright infringement.
To be effective, a counter notification must be a written communication that includes substantially the following:
1. Livingscoop.com shall promptly provide the complaining party with a copy of the Counter Notification; and
2. Livingscoop.com shall inform the complaining party that it will maintain the concerned material unless livingscoop.com receive within ten (10) business days notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on livingscoop.com's web site.
Copyright © 2009-2010 Livingscoop.com. All rights reserved.
Dear user, LivingScoop is going to develop new awesome services, and we'd like you to take less than a minute to answer a few questions in order to serve you at best. Everything is anonymous and no any personal data stored.
0. Your email address (not mandatory)
1. Are you eager to watch an independent and censorship free web tv opened to all kinds of opinions?
2. Would you be ready to make payable video calls from your mobile/smart phone in order to broadcast live on Livingscoop and get your video watched by large audience and a chance to earn money?
3. Your gender?
4. Your age?
5. Your country?
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