TrueScoop Terms of Use

Last updated October 23, 2008

These terms of use (the "Terms of Use") govern your use of the TrueScoop application (the "Site") on Facebook.com, or on the web, or on any other site. These Terms of Use constitute a legal agreement between you and Arbor Ventures, Inc. and/or any subsidiary, parent, or related entity ("AV", "we", "us","TrueScoop" or "our"). By accessing, browsing and/or using the Site you acknowledge that you have read, understood and agree to be bound by these Terms of Use, and any future modifications to the Terms of Use.

To the extent these Terms of Use contradict or are inconsistent with the Facebook Site Terms of Use or the Facebook Platform Application Terms of Use, these Terms of Use shall control. In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Site. If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Site.

Please return to the Site and review these Terms of Use from time to time, as they may be changed without notice to you. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Site. Please note that your use of certain content and features of the Site may be subject to additional terms. By using such content and features, you also agree to be bound by such additional terms.

TrueScoop is for entertainment only. TrueScoop is not a substitute for a background check that you would pay money for.

TrueScoop should not be used to make any employment decisions. TrueScoop is not to be used for any reason covered by the Fair Credit Reporting Act (FCRA) or any state or Federal laws related to the FCRA.

 

OWNERSHIP OF TRUESCOOP CONTENT

All materials made available by the TrueScoop, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, video clips, audio clips and other elements available through the Site (collectively and individually, "TrueScoop Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us.

You may view and use this Site and the TrueScoop Content solely for your entertainment. Any other copying, whether in electronic, hard copy or other format, is prohibited.  Any unauthorized attempt to modify any TrueScoop Content, to defeat or circumvent our security features, or to utilize the Site or any part of the TrueScoop Content for any purpose other than its intended purposes is strictly prohibited. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Site or any TrueScoop Content contained herein, or use it for any commercial purpose, without our prior written consent.  All other rights are reserved by TrueScoop.

All right, title and interest in and to any intellectual property, proprietary rights or other rights related to TrueScoop content are owned by TrueScoop or its licensors, and you agree to make no claim of interest in or ownership of any such TrueScoop Content. You acknowledge that no title to the TrueScoop Content is transferred to you, and that you do not obtain any rights, express or implied, in the TrueScoop Content other than the rights expressly granted in this Agreement.

REGISTRATION

Registration is required to use or access the Site. Your registration shall not impose any duty on us to provide any particular service or Site access to you.

By registering as a user of the Site, you represent and warrant that you are authorized to register an account on your own behalf and on behalf of the business for which you are creating an account. You further represent that you have submitted and will maintain accurate, current and complete identifying information about your user ID and business as prompted by registration forms on the Site. You agree to be truthful in all of your comments on the Site, and to not disparage others or otherwise engage in harmful conduct.

Your username and password will be your login information, and you must keep your username and password confidential and agree to use your login solely in accordance with these Terms of Use. You agree that you are fully responsible for all use of your account and for any actions that take place using your account.

If any unauthorized person obtains access to the Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

PRIVACY

Any information we may collect through your use of the Site is subject to the TrueScoop Privacy Policy. The information you voluntarily submit via the Site is maintained separately from the information you submit to Facebook in connection with your Facebook profile.

The Site may display data retrieved from Facebook in accordance with your TrueScoop privacy settings and your Facebook privacy settings. Certain actions you take through TrueScoop may be displayed in your profile or friends on your or others' Facebook pages. Searches you make are aggregated with other users' searches on TrueScoop and analyzed by us. The subject of the search may be made available to other users.

USER SUBMISSIONS

Certain portions of the Site may permit you to post or upload comments, materials, information or other content created by you (collectively, "User Submissions"). In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person or business or provide false information regarding yourself, your business, another person or any other business. We do not endorse any User Submission or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to these Terms of Use, we may, at our sole discretion, investigate the allegation and determine in our sole discretion whether to remove the User Submission or terminate the responsible party's account, both of which we reserve the right to do at any time. For clarity, we do not authorize in any way copyright infringing activities on the Site, and reserve the right to remove content that allegedly does not conform to these Terms of Use, and to terminate access to the Site and remove all User Submissions submitted by any persons who we deem to be infringers or repeat infringers.

We do not have any obligation to, and you agree that we have no obligation to, review the User Submissions posted and/or submitted by users accessing the Site, that we are not in any manner responsible for User Submissions, that we do not guarantee the accuracy, integrity or quality of User Submissions, and that we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Submissions will not appear on the Site. You acknowledge that by providing you with the ability to access and view User Submissions on the Site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Submissions or activities of users on the Site. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Submissions are not necessarily ours.

Notwithstanding the foregoing, you acknowledge and agree that we have the absolute right to monitor User Submissions posted to the Site in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any such User Submissions, in whole or in part, for any reason or for no reason, and to disclose such User Submissions and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Submissions.

Your User Submissions are not confidential or proprietary. You grant to us and our designees a non_exclusive, non_revocable, perpetual, irrevocable, worldwide, sublicensable, royalty_free right and license to use your User Submissions and/or your name, likeness and image in any manner or media now or later known, including, without limitation, the right to sublicense and assign and commercialize your User Submissions without any approval, compensation, or notice to you. In addition, when you submit a User Submission, you grant to us and our designees a non_exclusive, non_revocable, perpetual, irrevocable, worldwide, sublicensable, royalty_free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your User Submission with other Content, create derivative works of and publicly perform your User Submission for any purpose in any manner or media now or later known.

TRUESCOOP AND ITS DESIGNEES WILL BE ENTITLED TO UNRESTRICTED USE OF ANY USER SUBMISSION, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS THE PROVIDER OF THE USER SUBMISSION.

You agree that you shall immediately notify us in writing of any objectionable content appearing on the Site. We will make good faith efforts to investigate allegations that any User Submission violates these Terms of Use but (a) make no warranty to you that we will edit, remove, or continue to permit the display of any specific User Submissions, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Submissions.

We may contact you or any third parties to verify the information contained in a User Submission you provide to us, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. You agree that any materials created from such activities will be owned by us and may be used in accordance with these Terms of Use. We may also send you information and notices regarding your User Submission through the Site, by email or other means based on the information you provided to us in connection with your User Submission. TrueScoop reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of some or all User Submissions and/or your ability to access User Submissions with or without notice in its sole discretion. You agree that TrueScoop shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of any User Submissions.

YOU SPECIFICALLY ACKNOWLEDGE THAT TRUESCOOP, ITS DESIGNEES AND THE TRUESCOOP PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITE AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

CODE OF CONDUCT

You agree that you will not or attempt to:

SWEEPSTAKES AND CONTESTS

Any sweepstakes, contests, games and/or promotional offers accessible on the Site are governed by specific rules and/or terms and conditions (which are hereby incorporated into this Agreement by reference). By entering such sweepstakes or contests or participating in such games or promotional offers, you will become subject to those rules and/or terms and conditions. We urge you to read the applicable rules and/or or terms and conditions, which are linked from the particular activity.

 

DISCLAIMERS

YOUR USE OF THE SITE AND ANY USER SUBMISSION YOU CHOOSE TO POST OR SUBMIT IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE DO NOT WARRANT THAT THE SITE AND THE CONTENT AVAILABLE AT OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON_INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR_FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THE CONTENT (INCLUDING USER SUBMISSIONS) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, USEFUL OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT AVAILABLE THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS OR ERRORS OF THE SITE WILL BE CORRECTED.

TRUESCOOP DOES NOT PRE_SCREEN OR APPROVE TRUESCOOP PAGES, AND CANNOT GUARANTEE THAT A TRUESCOOP PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE ENTITY THAT IS THE SUBJECT OF A FACEBOOK PAGE.

TRUESCOOP CANNOT CONTROL THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY CHOOSE TO SHARE YOUR PAGE OR INFORMATION. THUS, WE CANNOT AND DO NOT GUARANTEE THAT USER SUBMISSIONS WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS OR USED FOR IMPROPER PURPOSES. TRUESCOOP IS NOT RESPONSIBLE FOR ANY CIRCUMVENTION OF PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE SITE. YOU ACKNOWLEDGE AND UNDERSTAND THAT, EVEN AFTER REMOVAL, COPIES OF USER SUBMISSIONS MAY REMAIN VIEWABLE IN CACHED OR ARCHIVED PAGES OR IF OTHER USERS HAVE COPIED OR STORED YOUR USER SUBMISSION.

ANY TRANSACTION DISCUSSED, PROPOSED OR ENTERED INTO THROUGH THE SITE IS AT YOUR OWN RISK. TRUESCOOP IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN IN CONNECTION WITH ANY SUCH TRANSACTION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY SUCH TRANSACTION.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATIONS OF LIABILITY

TRUESCOOP IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT OR SUBMISSION POSTED VIA THE SITE, WHETHER POSTED OR CAUSED BY USERS OF THE SITE, BY TRUESCOOP, BY FACEBOOK, BY THIRD PARTIES, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE. TRUESCOOP DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON THE SITE AND ARE NOT RESPONSIBLE FOR OFFENSIVE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT THAT MAY APPEAR ON THE SITE. TRUESCOOP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TRUESCOOP PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR A TRUESCOOP PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF: (i) THE DOWNLOADING OR INSTALLATION OF THE TRUESCOOP APPLICATION; (ii) THE USE OR THE INABILITY TO USE THE SITE; (iii) THE CONTENT, OR ANY SERVICE PROGRAM OFFERED ON OR THROUGH THE SITE; (iv) TRUESCOOP'S, FACEBOOK'S OR THEIR DESIGNEES', OR ANY THIRD PARTY'S USE OF ANY USER SUBMISSIONS POSTED BY YOU OR INFORMATION PROVIDED BY YOU; (v) YOUR USE OF ANY USER SUBMISSION OR CONTENT ACCESSED BY YOU OR UNDER YOUR ACCOUNT; (vi) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY ANY PARTY; (vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE; (viii) ANY THIRD PARTY WEBSITE, SERVICE, RESOURCE OR CONTENT AVAILABLE THROUGH THE SITE; OR (ix) ANY OTHER MATTER RELATING TO THE TRUESCOOP PARTIES.

IF DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATIONS OF LIABILITY ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY SUCH AGREEMENTS, REPRESENTATIONS AND WARRANTIES ARE MADE ON YOUR AND YOUR BUSINESS' BEHALF, FOR WHICH YOU REPRESENT YOU ARE AUTHORIZED TO CONTACT.

THIRD PARTY WEBSITES, RESOURCES AND SERVICES

You acknowledge that we may provide, or third parties may provide, links to other Facebook pages or applications, third party websites, resources and services. Moreover, you acknowledge that other Facebook pages or applications, third party websites, resources and services may contain information and content related to the Site. You acknowledge and agree that we are not responsible for the availability of such Facebook pages or applications, third party websites, resources and services, and do not endorse and are not responsible or liable for any information, content, advertising, products, services or other materials on or available through such Facebook pages or applications, websites, resources and services. You further acknowledge and agree that we 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 information, content, products, services or other materials on or available through any such Facebook pages or applications, website, resource or service.

INDEMNIFICATION

You agree to indemnify and hold us, our affiliated entities, and each of our respective officers, directors, employees, representatives and agents (collectively, the "TrueScoop Parties") harmless from any claim, demand, loss, liability or damages (including reasonable attorneys' fees and costs) arising out of your use of the Site, any Content, your participation in any service or program offered on or through the Site, your breach or alleged breach of these Terms of Use, any User Submission posted by you, or your alleged violation of the rights of any third party (including, without limitation, claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right).  We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

TERMINATION

We reserve the right to terminate these Terms of Use and/or your access to the Site immediately for any or no reason, without notice to you. Any such termination will be without prejudice to any other rights that we may have against you arising from these Terms of Use.  We may also discontinue availability of the Site as a whole or any portion therein at any time. Sections with respect to Ownership, User Submissions, Disclaimers, Limitations of Liability, Indemnification, Termination, Copyright Agent, and General and any other provisions that by their nature should survive termination shall survive any termination of these Terms of Use.

COPYRIGHT NOTICES

All content on, or placed on, TrueScoop, is copyrighted by TrueScoop and may not be reproduced without explicit, specific, written permission. Content on TrueScoop, or any part thereof, may not be reproduced on any website or web index or web search engine.

MODIFICATION OF TERMS OF USE

We reserve the right to modify these Terms of Use at any time and in our sole discretion by posting a change notice or new Terms of Use on TrueScoop. IF THE MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE USING OR ACCESSING TRUESCOOP.