Terms of Service
Terms & Conditions for Scamfly.com
These user terms and conditions (hereinafter referred to as the "User Terms") apply to any use of Scamfly's website (hereinafter referred to as the "Website"), including - but not limited to - www.scamfly.com.
The Website is supplied by Scamfly, Inc., a Delaware corporation situated at 245 5th Avenue, 5th floor, New York, NY 10016, USA ("Scamfly"). In these User Terms, the words "we", "us" and "ours" refer to Scamfly.
These User Terms are deemed to incorporate all other operating practices, policies, and guidelines that are connected to herein or that we may otherwise distribute on the Website (as such, rules, policies, and guidelines may be changed from time to time), including external limitation:
Our "Guidelines for the use of the Scamfly Services" (hereinafter referred to as the "User Guidelines"),
In the event of any dispute between the terms included within and those of the User Guidelines, the User Guidelines will supervise and control.
By using the Website, you believe to be subservient to the User Terms, including the User Guidelines. If you do not acquire these User Terms, you are not authorized to use the Website and are graciously requested not to use the Website any additional. The registration as a user requires your express agreement of these User Terms.
THE SERVICES ON THE WEBSITE
1. Registered User
1.1 Scamfly grants you the non-independent, non-portable, revocable, bounded right to obtain and use the Website. In order to get full passage and use of the Website, you must create a profile and register as a user (hereinafter mentioned as "Registered User").
1.2 You are only permitted to register one profile per person on the Website. The profile is secret and you must not transfer it to others.
1.3 In order to become a Registered User, you require a password. You want your own password which must be used with your email address when logging onto the Website. Alternatively, we send the password to you. The password is secret and you must not give it or in other ways make it available to others. It is your liability to guarantee that the password does not happen in the hands of a third party. If you become aware that the password is or may have been arbitrated, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in infringement of the User Terms.
1.4 During the registration method, you must choose a username. The username will be shown on the Website whenever you write or discuss reviews or produce user-generated content (see 2.1 below) Website. Therefore, you must contemplate whether you wish to use a username from which you can be recognized by others. The username must not (i) be objectionable or in other ways insulting, (ii) include the terms "Guest", "Admin", ".dk", ".com", etc. or (iii) contain characteristics which belong to a third party, including names of important persons, or personal names to which you do not own the benefits. You warrant that your username does not infringe on any benefits(including any intelligent property rights) belonging to any third party and/or pertaining to the User Terms.
1.5 Changes to the username may only be made by us.
1.6 We are allowed at any time, without warning and without discrimination, to delete, reject, or change your profile in the event of your breach or assumed violation of these User Terms or relevant law. When deleting your profile, you will no higher have entrance to services on the Website which require your registration and/or login as a Registered User. When deleting your profile, we possess the right to delete the user-generated content (see 2.1) you have made on the Website.
1.7 Moreover, we reserve the right, at any time and without notice or reason, to delete your profile and user-generated content (see 2.1). In this case, our disclaimer applies without limitations.
1.8 You are not allowed to gain access or attempt to gain access to the parts of the Website wanting user registration if you are not a Registered User.
2. User-Generated Content from Registered Users
2.1 You herewith grant us the worldwide, non-independent, permanent, irreversible, royalty-free right and license to publish, display, reproduce, modify, create secondary works of and commercially exploit any material, knowledge, notifications, reviews, articles, or other types of information (hereinafter referred to as the "User-Generated Content" or "UGC") which you create on the Website as a Registered User. We may easily use and assign the UGC and disclose the UGC to third parties.
2.2 Registered Users are liable for the UGC they advertise on the Website.
2.3 Registered Users guarantee that all UGC posted on the Website is accurate and true (where they state facts) or genuinely held (where they state opinions).
2.4 UGC must relate to a company or system from which the Registered User has purchased or can otherwise document using the company's or organization's commodities or services.
2.5 You may not publish UGC regarding companies to which you have personal or expert relations.
2.6 Registered Users must not, and must not allow any third party to, distribute UGC on the website which:
• is of a retailing nature or has marketing purposes,
• is unlawful, deceptive, misleading, dishonest, threatening, abusive, attacking, libelous, defamatory, tortious, obscene, pornographic or profane, has sexist, political or racial original, violates other people's rights, including any intellectual property rights, rights of privacy and/or rights of publicity,
• is offensive or in any way breaches any applicable local, national or international law or regulation,
• violates these User Terms, including the User Guidelines, reveals any personal information about another individual, including another person's name, address, phone number, email address, credit card information, or any other information that could be used to track, contact, or imitate that person,
• has a treacherous or unlawful purpose and/or content (or promotes unlawful purposes), or
• is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other hateful software, corrupt data or conduct).
2.7 Contributors of UGC warrant in every context that the UGC is lawful and in compliance including the User Terms. If Scamfly receives notice or otherwise grows aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we- dependent on the character of the violation - may inform the violated party and/or the authorities of the violation. Our right to delete discretion not be conditioned on an explanation, although we will strive to inform the Registered User regarding the deletion and the reason hereof.
2.8 The Registered User hereby grants us the right to initiate and take any legal actions which we believe important in case of violation of the Registered User's UGC.
3.1 The Website and the assistance we submit via the Website, including all underlying technology and intelligent property rights included therein, are and continue our sole and private property, and no license or any other conservatives is allowed to any such underlying technology. If you provide feedback, ideas, or ideas regarding the Website or the dishes offered on the Website ("Feedback"), we are free to fully exploit such Feedback.
3.2 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, multiplying, references and software are or will be our part or the property of a third party (other than specific Registered User) and is protected by the U.S. and appropriate international legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorized copying, distribution, presentation, or other use of the Website or part about is a violation of U.S. law and may thus result in civil and/or criminal penalties.
3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Website or parts thereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
3.6 All company names, trademarks, and other business properties on the Website is or will be our property or the property of a third party (other than the Registered User) and must only be used for business purposes upon prior permission from us or the third party owner, respectively.
4. Personal data
4.1 We perform complex types of processing of personal data in connection with the use of the Website. Our processing of personal data necessitates place under the observance of our
5.1 THE WEBSITE, CONTENT, AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SCAMFLY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
5.2 We make no representations or guarantees with honor to any UGC announced on the Website. Notwithstanding the previous, Scamfly may at all times examine and edit (including anonymizing) UGC, e.g. if such actions are (i) inspired by third party requests, (ii) required under applicable law, or (iii) necessary for the UGC's agreement with our User Guidelines.
5.3 We disclaim all responsibility for the content of UGC. Our non-liability practices, without reservation, to any UGC, including UGC which has been edited by us (see 5.2). We are not answerable for any links to third party websites in the UGC, including for the content of the servant to which the UGC links.
5.4 Recommendations, columns, comments, etc. of specific corporations, services, e-businesses, etc. on the Website are provided by Registered Users and are not advertisements made by us. We renounce all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.
6. Limitation of liability
6.1 WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6.2 OUR TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE USER TERMS, THE WEBSITE OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR SERVICES OR THESE USER TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Other User Terms
7.1 We may at any time, in our sole option, revise or modify these User Terms. We will make an effort to accommodate reasonable advance notice of any such modifications. We may at any time, at our own discretion and outdoors notice, close, change, or reorganize the Website. As a Registered User, you accept to be treated by the at all times current User Terms. Any update or change of the User Terms will be stated on the Website. We will moreover strive to inform the Registered Users about the change of the User Terms. The Registered Users agree that the sustained use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
7.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
8. Term and termination
8.1 We may terminate your right to access and use the services offered on the Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.
9. Applicable law and venue
9.1 The User Terms and the relationship between you and Scamfly are governed by the laws of the State of New York, without regard to the conflicts of law preparations thereof. Any disputes must be brought solely in the state or federal courts located in New York, and the parties hereby consent to the jurisdiction of such courts.
10. Copyright dispute policy
10.1 It is Scamfly's policy to (i) block access to or removes material that it believes in good faith to be copyrighted material that has been illegally reproduced and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to reappear offenders. Scamfly has adopted a policy toward copyright breach in accordance with the Digital Millennium Copyright Act. For contacting Scamfly's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent").
11.1 You recognize and agree that these User Terms compound the complete and exclusive agreement between you and Scamfly concerning your use of the Website and supersede and govern all prior proposals, agreements, or other information.
11.2 Nothing contained in these User Terms can be construed as creating any agency, company, or another form of joint enterprise between us. Our failure to require your offering of any provision hereof will not affect our full right to require such representation at any time thereafter, nor may our abandonment of a breach of any provision aboutbe taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.
12.1 You may contact Scamfly via email at [email protected].