SCOOTER BEAT TERMS AND CONDITIONS
These Rules and Regulations are covered, along with additional rules and regulations in the Terms
and Conditions below. This is to notify you that by using the Scooter Beat site and are thereby
agreeing to the following:
You will not use the service for chain letters, junk mail, spamming or any use of distribution lists to
any person who has not given specific permission to be included in such a process. You will not
transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of any kind or nature. You agree not to use the service
for illegal purposes.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICEThe Scooter Beat services
(Service), owned and operated by Scooter Beat, LLC. (Scooter Beat), is provided to you under the
terms and conditions of these Terms and Conditions (Terms) and any operating rules or policies
that may be published by Scooter Beat. The Terms comprise the entire agreement between You
and Scooter Beat and supersedes all prior agreements between the parties regarding the subject
matter contained herein. The Terms may be updated by us from time to time without notice to you.
You can review the most current version of the Terms at any time at: http://www.scooterbeat.
com/terms-conditions.html. In addition, when using particular Scooter Beat services, you shall be
subject to any posted guidelines or rules applicable to such services which may be posted from time
to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the Terms. By using our services, registering for an account, sending
a Scooter Beat e-card or posting a message, or otherwise interacting with our Service, you are
indicating your agreement to be bound by all of the terms and conditions of the Terms.
DESCRIPTION OF SERVICE
Scooter Beat currently provides users with access to a wide array of resources, including, various
communications tools, forums, shopping services, personalized content and branded programming
through its network of properties. You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for Scooter Beat to provide the
Service. You also understand and agree that the service may include certain communications from
Scooter Beat, such as service announcements and administrative messages, and that these
communications are considered part of Scooter Beat membership and you will not be able to opt out
of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new Scooter Beat properties, shall be subject to the
TERMS. You understand and agree that the Service is provided “AS-IS” and that Scooter Beat
assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment necessary to
access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration form (such information being
the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or Scooter Beat has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Scooter Beat has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any portion thereof). Scooter
Beat is concerned about the safety and privacy of all its users, particularly children. For this reason,
children under the age of 13 are prohibited from using the service without supervision by a legal
guardian. Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services
and/or Content are appropriate for your child.
SCOOTER BEAT PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more
information, see our full privacy policy at http://www.Scooter Beat.com/privacy-policy.html
MEMBER NAME, PASSWORD AND SECURITY
You will receive a password and member name upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You agree to (a)
immediately notify Scooter Beat of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of each session.
Scooter Beat cannot and will not be liable for any loss or damage arising from your failure to comply
with this Section.
YOUR CONDUCT
You understand that all information, text, data, software, music, sound, photographs, graphics,
video, messages or other materials (“;Content”;), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated. This means that you,
and not Scooter Beat, are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Scooter Beat does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Scooter Beat be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service. You agree to not use the Service to: upload, email, post, transmit or
otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable harm minors in any way impersonate any person or entity,
including, but not limited to, a Scooter Beat official or forum leader, or falsely state or otherwise
misrepresent your affiliation with a person or entity forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the Service upload, post, email,
transmit or otherwise make available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships or under
nondisclosure agreements).upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of
any party, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail”; “spam,”; “;chain letters,”; “;pyramid schemes,”; or any
other form of solicitation, except in those areas (such as shopping rooms) that are designated for
such purpose; upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications equipment; interfere
with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the Service; intentionally
or unintentionally violate any applicable local, state, national or international law; “stalk”; or
otherwise harass another; collect or store personal data about other users. You acknowledge that
Scooter Beat may not pre-screen Content, but that Scooter Beat and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, Scooter Beat and its designees shall have the right to
remove any Content that violates the TERMS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you
may not rely on any Content created by Scooter Beat or submitted to Scooter Beat, including
without limitation information in Scooter Beat Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Scooter Beat may access, preserve, and disclose your
account information and Content if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TERMS; (c) respond to claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights, property, or personal safety
of Scooter Beat, its users and the public. You understand that the technical processing and
transmission of the Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks
or devices. You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and use of these materials is
subject to usage rules set by Scooter Beat and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly prohibited.SPECIAL ADMONITIONS
FOR INTERNATIONAL USERecognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data exported from the United States
or the country in which you reside.CONTENT MADE AVAILABLE FOR INCLUSION ON THE
SERVICEScooter Beat does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available to the
Service, you grant Scooter Beat the following world-wide, royalty free and non-exclusive license(s),
as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service for the purposes of providing and promoting Scooter Beat
Services. This license exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Scooter Beat removes such Content from the
Service.INDEMNITYYou agree to indemnify and hold Scooter Beat, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TERMS, or your violation of any rights of
another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the Service. You understand it is a breach of
the TERMS to send commercial bulk e-mail, also known as spam, containing a Scooter Beat e-mail
address as the “;From”; or “;Reply-To”; address. As compensation for such a breach of contract,
user agrees to pay Scooter Beat US $10,000 each day user sends commercial bulk e-mail,
containing a Scooter Beat E-MAIL address as the “;From”; or “;Reply-To”; address. Scooter Beat e-
mail addresses include any e-mail address ending in @animail.net, @Scooter Beat.com, @moose-
mail.com, @snail-mail.net, @whale-mail.com, @wildmail.com. Commercial use of the Service that is
compliant with this TERMS is permitted.
GENERAL PRACTICES REGARDING USE
You acknowledge that Scooter Beat may establish general practices and limits concerning use of
the Service, including without limitation the maximum number of days that email or ecard messages,
message board postings or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account on the Service, the
maximum size of any email message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on Scooter Beat's servers on your behalf, and
the maximum number of times (and the maximum duration for which) you may access the Service in
a given period of time. You agree that Scooter Beat has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Scooter Beat reserves the right to log off or
remove accounts that are inactive for an extended period of time. You further acknowledge that
Scooter Beat reserves the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
MODIFICATIONS TO SERVICE
Scooter Beat may change the terms and conditions of the TERMS and reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently the Service (or any part
thereof). You can review the most current version of the TERMS at any time at: http://www.Scooter
Beat.com/help/general/tos.html Your continued use of the Service constitutes an affirmative: (1)
acknowledgment by You of the TERMS and its modifications; and (2) agreement by You to abide
and be bound by the TERMS and its modifications; and (3) You agree that Scooter Beat shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that Scooter Beat may, under certain circumstances and without prior notice, immediately
terminate your Scooter Beat account (or any part thereof), any associated email address, and
access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches
or violations of the TERMS or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods of inactivity. Termination of your
Scooter Beat account includes (a) removal of access to all offerings within the Service, including but
not limited to Scooter Beat email, Scooter Beat, the Petition Site, Click to Donate Races, Message
Boards, E-Cards, Newsletters, Alerts and Games, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any part thereof), and (c)
barring further use of the Service. Further, you agree that all terminations for cause shall be made
in Scooter Beat's sole discretion and that Scooter Beat shall not be liable to you or any third-party
for any termination of your account, any associated email address, or access to the Service. Should
You object to any terms and conditions of the TERMS or any subsequent modifications thereto or
become dissatisfied with the Service in any way, Your only recourse is to immediately: (1)
discontinue use of the Service. Upon termination of the Service, Your right to use the Service and
Software immediately ceases.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Scooter Beat shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or
resources. Because Scooter Beat has no control over such sites and resources, you acknowledge
and agree that Scooter Beat 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,
product Terms, or other materials on or available from such sites or resources. You further
acknowledge and agree that Scooter Beat 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.
SCOOTER BEAT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with
the Service (“;Software”;) contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Scooter Beat or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.Scooter Beat grants you a personal, non-transferable and non-
exclusive right and license to use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the interface that is provided by Scooter
Beat for use in accessing the Service.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:i. YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “;AS IS”; & “;
AS AVAILABLE”; BASIS. SCOOTER BEAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.ii. SCOOTER BEAT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUTERMS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.iii. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.iv. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCOOTER BEAT OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS.v. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS. Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to you.LIMITATION OF LIABILITYYOU
EXPRESSLY UNDERSTAND AND AGREE THAT SCOOTER BEAT 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 SCOOTER BEAT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.NOTICENotices to you may be made via either
email or regular mail. However, Scooter Beat reserves the right to modify or discontinue the Service
with or without notice to You. The Service may also provide notices of changes to the TERMS or
other matters by displaying notices or links to notices to you generally on the Service.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TERMS, there shall be no third party
beneficiaries to this Agreement.
TRADEMARK INFORMATION
Scooter Beat, the Scooter Beat logo, Scooter Beat.com, and service marks and other Scooter Beat
logos and product and service names are trademarks of Scooter Beat Inc. (the “;Scooter Beat
Marks”;). Without Scooter Beat's prior permission, you agree not to display or use in any manner,
the Scooter Beat Marks.
GENERAL INFORMATION
The TERMS constitute the entire agreement between you and Scooter Beat and govern your use of
the Service, superceding any prior agreements between you and Scooter Beat. You also may be
subject to additional terms and conditions that may apply when you use or purchase certain other
Scooter Beat services, affiliate services, third-party content or third-party software.Choice of Law
and Forum. The TERMS and the relationship between you and Scooter Beat shall be governed by
the laws of the Commonwealth of Virginian, without regard to its conflict of law provisions. You and
Scooter Beat agree to submit to the personal and exclusive jurisdiction of the courts located within
the Richmond City, Virginia. The failure of Scooter Beat to exercise or enforce any right or provision
of the TERMS shall not constitute a waiver of such right or provision. If any provision of the TERMS
is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the TERMS remain in full force and effect. No Right of Survivorship and Non-
Transferability. You agree that your Scooter Beat account is non-transferable and any rights to your
Scooter Beat I.D. or contents within your account terminate upon your death. Upon receipt of a copy
of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TERMS must be filed within one
(1) year after such claim or cause of action arose or be forever barred.The section titles in the
TERMS are for convenience only and have no legal or contractual effect. Please report any
violations of the TERMS to Scooter Beat, LLC, P.O. Box 8445, Richmond, VA 23226.
These Rules and Regulations are covered, along with additional rules and regulations in the Terms
and Conditions below. This is to notify you that by using the Scooter Beat site and are thereby
agreeing to the following:
You will not use the service for chain letters, junk mail, spamming or any use of distribution lists to
any person who has not given specific permission to be included in such a process. You will not
transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of any kind or nature. You agree not to use the service
for illegal purposes.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICEThe Scooter Beat services
(Service), owned and operated by Scooter Beat, LLC. (Scooter Beat), is provided to you under the
terms and conditions of these Terms and Conditions (Terms) and any operating rules or policies
that may be published by Scooter Beat. The Terms comprise the entire agreement between You
and Scooter Beat and supersedes all prior agreements between the parties regarding the subject
matter contained herein. The Terms may be updated by us from time to time without notice to you.
You can review the most current version of the Terms at any time at: http://www.scooterbeat.
com/terms-conditions.html. In addition, when using particular Scooter Beat services, you shall be
subject to any posted guidelines or rules applicable to such services which may be posted from time
to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the Terms. By using our services, registering for an account, sending
a Scooter Beat e-card or posting a message, or otherwise interacting with our Service, you are
indicating your agreement to be bound by all of the terms and conditions of the Terms.
DESCRIPTION OF SERVICE
Scooter Beat currently provides users with access to a wide array of resources, including, various
communications tools, forums, shopping services, personalized content and branded programming
through its network of properties. You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for Scooter Beat to provide the
Service. You also understand and agree that the service may include certain communications from
Scooter Beat, such as service announcements and administrative messages, and that these
communications are considered part of Scooter Beat membership and you will not be able to opt out
of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new Scooter Beat properties, shall be subject to the
TERMS. You understand and agree that the Service is provided “AS-IS” and that Scooter Beat
assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment necessary to
access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration form (such information being
the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or Scooter Beat has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Scooter Beat has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any portion thereof). Scooter
Beat is concerned about the safety and privacy of all its users, particularly children. For this reason,
children under the age of 13 are prohibited from using the service without supervision by a legal
guardian. Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services
and/or Content are appropriate for your child.
SCOOTER BEAT PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more
information, see our full privacy policy at http://www.Scooter Beat.com/privacy-policy.html
MEMBER NAME, PASSWORD AND SECURITY
You will receive a password and member name upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You agree to (a)
immediately notify Scooter Beat of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of each session.
Scooter Beat cannot and will not be liable for any loss or damage arising from your failure to comply
with this Section.
YOUR CONDUCT
You understand that all information, text, data, software, music, sound, photographs, graphics,
video, messages or other materials (“;Content”;), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated. This means that you,
and not Scooter Beat, are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Scooter Beat does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Scooter Beat be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service. You agree to not use the Service to: upload, email, post, transmit or
otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable harm minors in any way impersonate any person or entity,
including, but not limited to, a Scooter Beat official or forum leader, or falsely state or otherwise
misrepresent your affiliation with a person or entity forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the Service upload, post, email,
transmit or otherwise make available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships or under
nondisclosure agreements).upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of
any party, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail”; “spam,”; “;chain letters,”; “;pyramid schemes,”; or any
other form of solicitation, except in those areas (such as shopping rooms) that are designated for
such purpose; upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications equipment; interfere
with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the Service; intentionally
or unintentionally violate any applicable local, state, national or international law; “stalk”; or
otherwise harass another; collect or store personal data about other users. You acknowledge that
Scooter Beat may not pre-screen Content, but that Scooter Beat and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, Scooter Beat and its designees shall have the right to
remove any Content that violates the TERMS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you
may not rely on any Content created by Scooter Beat or submitted to Scooter Beat, including
without limitation information in Scooter Beat Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Scooter Beat may access, preserve, and disclose your
account information and Content if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TERMS; (c) respond to claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights, property, or personal safety
of Scooter Beat, its users and the public. You understand that the technical processing and
transmission of the Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks
or devices. You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and use of these materials is
subject to usage rules set by Scooter Beat and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly prohibited.SPECIAL ADMONITIONS
FOR INTERNATIONAL USERecognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data exported from the United States
or the country in which you reside.CONTENT MADE AVAILABLE FOR INCLUSION ON THE
SERVICEScooter Beat does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available to the
Service, you grant Scooter Beat the following world-wide, royalty free and non-exclusive license(s),
as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service for the purposes of providing and promoting Scooter Beat
Services. This license exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Scooter Beat removes such Content from the
Service.INDEMNITYYou agree to indemnify and hold Scooter Beat, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TERMS, or your violation of any rights of
another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the Service. You understand it is a breach of
the TERMS to send commercial bulk e-mail, also known as spam, containing a Scooter Beat e-mail
address as the “;From”; or “;Reply-To”; address. As compensation for such a breach of contract,
user agrees to pay Scooter Beat US $10,000 each day user sends commercial bulk e-mail,
containing a Scooter Beat E-MAIL address as the “;From”; or “;Reply-To”; address. Scooter Beat e-
mail addresses include any e-mail address ending in @animail.net, @Scooter Beat.com, @moose-
mail.com, @snail-mail.net, @whale-mail.com, @wildmail.com. Commercial use of the Service that is
compliant with this TERMS is permitted.
GENERAL PRACTICES REGARDING USE
You acknowledge that Scooter Beat may establish general practices and limits concerning use of
the Service, including without limitation the maximum number of days that email or ecard messages,
message board postings or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account on the Service, the
maximum size of any email message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on Scooter Beat's servers on your behalf, and
the maximum number of times (and the maximum duration for which) you may access the Service in
a given period of time. You agree that Scooter Beat has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Scooter Beat reserves the right to log off or
remove accounts that are inactive for an extended period of time. You further acknowledge that
Scooter Beat reserves the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
MODIFICATIONS TO SERVICE
Scooter Beat may change the terms and conditions of the TERMS and reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently the Service (or any part
thereof). You can review the most current version of the TERMS at any time at: http://www.Scooter
Beat.com/help/general/tos.html Your continued use of the Service constitutes an affirmative: (1)
acknowledgment by You of the TERMS and its modifications; and (2) agreement by You to abide
and be bound by the TERMS and its modifications; and (3) You agree that Scooter Beat shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that Scooter Beat may, under certain circumstances and without prior notice, immediately
terminate your Scooter Beat account (or any part thereof), any associated email address, and
access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches
or violations of the TERMS or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods of inactivity. Termination of your
Scooter Beat account includes (a) removal of access to all offerings within the Service, including but
not limited to Scooter Beat email, Scooter Beat, the Petition Site, Click to Donate Races, Message
Boards, E-Cards, Newsletters, Alerts and Games, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any part thereof), and (c)
barring further use of the Service. Further, you agree that all terminations for cause shall be made
in Scooter Beat's sole discretion and that Scooter Beat shall not be liable to you or any third-party
for any termination of your account, any associated email address, or access to the Service. Should
You object to any terms and conditions of the TERMS or any subsequent modifications thereto or
become dissatisfied with the Service in any way, Your only recourse is to immediately: (1)
discontinue use of the Service. Upon termination of the Service, Your right to use the Service and
Software immediately ceases.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Scooter Beat shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or
resources. Because Scooter Beat has no control over such sites and resources, you acknowledge
and agree that Scooter Beat 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,
product Terms, or other materials on or available from such sites or resources. You further
acknowledge and agree that Scooter Beat 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.
SCOOTER BEAT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with
the Service (“;Software”;) contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Scooter Beat or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.Scooter Beat grants you a personal, non-transferable and non-
exclusive right and license to use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the interface that is provided by Scooter
Beat for use in accessing the Service.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:i. YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “;AS IS”; & “;
AS AVAILABLE”; BASIS. SCOOTER BEAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.ii. SCOOTER BEAT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUTERMS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.iii. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.iv. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCOOTER BEAT OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS.v. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS. Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to you.LIMITATION OF LIABILITYYOU
EXPRESSLY UNDERSTAND AND AGREE THAT SCOOTER BEAT 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 SCOOTER BEAT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.NOTICENotices to you may be made via either
email or regular mail. However, Scooter Beat reserves the right to modify or discontinue the Service
with or without notice to You. The Service may also provide notices of changes to the TERMS or
other matters by displaying notices or links to notices to you generally on the Service.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TERMS, there shall be no third party
beneficiaries to this Agreement.
TRADEMARK INFORMATION
Scooter Beat, the Scooter Beat logo, Scooter Beat.com, and service marks and other Scooter Beat
logos and product and service names are trademarks of Scooter Beat Inc. (the “;Scooter Beat
Marks”;). Without Scooter Beat's prior permission, you agree not to display or use in any manner,
the Scooter Beat Marks.
GENERAL INFORMATION
The TERMS constitute the entire agreement between you and Scooter Beat and govern your use of
the Service, superceding any prior agreements between you and Scooter Beat. You also may be
subject to additional terms and conditions that may apply when you use or purchase certain other
Scooter Beat services, affiliate services, third-party content or third-party software.Choice of Law
and Forum. The TERMS and the relationship between you and Scooter Beat shall be governed by
the laws of the Commonwealth of Virginian, without regard to its conflict of law provisions. You and
Scooter Beat agree to submit to the personal and exclusive jurisdiction of the courts located within
the Richmond City, Virginia. The failure of Scooter Beat to exercise or enforce any right or provision
of the TERMS shall not constitute a waiver of such right or provision. If any provision of the TERMS
is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the TERMS remain in full force and effect. No Right of Survivorship and Non-
Transferability. You agree that your Scooter Beat account is non-transferable and any rights to your
Scooter Beat I.D. or contents within your account terminate upon your death. Upon receipt of a copy
of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TERMS must be filed within one
(1) year after such claim or cause of action arose or be forever barred.The section titles in the
TERMS are for convenience only and have no legal or contractual effect. Please report any
violations of the TERMS to Scooter Beat, LLC, P.O. Box 8445, Richmond, VA 23226.
