Terms of Service

Thank you for shopping at Scoop St. where better deals happen together. This site (the "Site") is operated by Salescoop, LLC d/b/a Scoop St. ("Scoop St." or "we", "us", "our" and similar references). BY USING THIS SITE’S SERVICE(S) (THE “SERVICE(S)”), YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE "TERMS OF USE"). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

1. Use of the Site

You may use the Site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy (the "Privacy Policy") (available at http://www.scoopst.com/privacy). Once you complete and submit your registration, you have opted in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Scoop St. or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

[a] transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;

[b] introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful code;

[c] obtain unauthorized access to any computer system;

[d] impersonate any other person, including but not limited to, a registered user of this Site or an employee of Scoop St.;

[e] invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;

[f] misrepresent the identity of a user or use a false email address;

[g] tamper with or obtain access to this Site or any component of this Site;

[h] conduct fraudulent activities; or

[i] collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

2. Membership Eligibility

In order to fully utilize the Scoop St. Service, you must register as a member of the Site (a “Member”) by providing Scoop St. with a valid email address and password. The Site is not available to minors under the age of 18 or to any users suspended or removed from the system by Scoop St. for any reason. By becoming a Member you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the law of United States or other applicable jurisdiction. As a Member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. Your Member account (a “Membership”) is void where prohibited by law.

3. Membership; Termination and Cancellation

You understand and agree that your Membership in the Scoop St. Service is subject to and conditioned upon the following:

[a] Your continued adherence to these Terms and Conditions and any future modifications thereto. Failure to follow these Terms and Conditions constitute grounds for immediate termination of your Membership without further notice at Scoop St.’s sole discretion.

[b] Scoop St. reserves the right to periodically monitor Member’s use of the Scoop St. Service and the Site and may request at any time that a Member provide proof in order to verify the accuracy of information provided by the Member at the time of registration or anytime thereafter.

[c] Scoop St.'s services are not available to temporarily or indefinitely suspended Scoop St. Members. Scoop St. may, in its sole discretion, at any time, terminate or suspend any Member’s Membership in and/or access to all or part of the Scoop St. Service and the Site for any or no reason, including, without limitation, breach of these Terms of Use or taking actions that are inconsistent with the intent of these Terms of Use. Scoop St. shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms of Use or intent of these Terms of Use. Any decision Scoop St. makes relating to termination or suspension of any Member's account shall be final and binding.

[d] You may deactivate your account by emailing Customer Support at support@scoopst.com. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to fifteen business days as we process your request. Please note that your identification, billing and contact information may remain in Scoop St.’s records for some period thereafter.

4. Member Conduct

You understand and agree that your Membership in the Scoop St. Service is subject to and conditioned upon the following:

[a] You may not (i) activate or use more than one Member account; (ii) use a false or misleading address, or email address to activate or use a Member account; (iii) present or supply false or misleading information to any entity involved in the Scoop St. Service; or (iv) sell, trade or otherwise transfer your Scoop St. account to another party.

[b] You agree to comply with all local laws regarding online conduct and acceptable conduct. You are responsible for all applicable taxes.

[c] You must keep your account information current, accurate and complete at all times, including a valid email address. Members may update their account information by visiting the Account Information section of the Site. Members who have lost or forgotten their password should not register for another account. Instead, they should click the “Forgot Your Password?” link on the "Login" page and enter the information requested to retrieve their password details.

[d] Members may not knowingly allow a Member whose Membership has been suspended or terminated to use their accounts. An account cannot be used or accessed by multiple persons. Any duplicate accounts are subject to cancellation.

[e] You agree to accept responsibility for all activities that occur under your account. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify us in the event of any unauthorized use of your account or any other known or suspected breach of security, including loss, theft or unauthorized disclosure of Member’s password. You also agree that Scoop St. cannot and will not be liable for any loss or damage arising from your failure to keep your account or password secure.

[f] Each Member agrees not to abuse the Scoop St. Service by conduct which is detrimental to the interests of Scoop St.. Without limiting the foregoing, Members shall not: (i) activate or use more than one account; (ii) use an automated system, device or program or other similar method to use the site or participate in the day’s sale; (iii) manipulate or interfere with the Scoop St. Service or any affiliated program in any way; (iv) present false or misleading information to Scoop St.; or (v) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity; or (vi) restrict or inhibit any other Member from enjoying the Scoop St. Service or the Site. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their account terminated, and the Member may be referred to appropriate law enforcement agencies if such action is deemed warranted by Scoop St..

[g] The Site may provide Members with the ability to send email messages to others and to post messages on the Site. Scoop St. has the right but not the obligation to monitor and decline, edit or remove all or any portion of any postings, submissions or content. You agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of Scoop St., including Today’s Scoop mechanics or methods, or its affiliates; (v) any chain letters; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing.

5. Payment Options

Scoop St. accepts Visa, MasterCard, American Express, and Discover for product orders.

6. Purchasing a Product

A scoop, by clicking the "Scoop It!" button on the Today's Scoop page, submitted by a Member constitutes willingness of a Member to enter into a binding contract with Scoop St. One (1) transaction per account is allowed per sale period. A contract to purchase the item comes into effect once the Member has followed all the steps in clause 7.

7. Accuracy of Content; Limitations on Quantity

The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate a sale at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

8. Proprietary Rights

You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Scoop St. and/or its affiliates or subsidiaries and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. The look and feel of the Site and Service is copyright © 2009 Scoop St. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Scoop St.. You agree not to sell, license, rent, modify, distributed, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.

9. Submissions

Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Site, submitted to Scoop St., or otherwise communicated in connection with your use of the Site (collectively, "Submissions") shall be and remain the exclusive property of Scoop St. with no further compensation to you. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO Scoop St. BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY SUBMISSION TO Scoop St., YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO Scoop St. THAT Scoop St. IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SCOOP ST., WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. Scoop St. takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.

10. Third-Party Content; No Implied Endorsements

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Members are those of the respective author(s) or distributors) and not of Scoop St. Neither Scoop St. 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.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider or Member not under contract with Scoop St. Scoop St. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Scoop St. by anyone other than authorized Scoop St. employee spokespersons while acting in official capacities. Under no circumstances will Scoop St. be liable for any loss or damage caused by a user's reliance on information obtained through Scoop St. It is the responsibility of Members to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Scoop St.

This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website.

11. Indemnification

By using this Site, you agree to indemnify, hold harmless and defend Scoop St., its affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Scoop St. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. Disclaimer of Warranty

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Scoop St. DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. IN NO EVENT SHALL Scoop St., ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY SCOOP ST., WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Scoop St. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SCOOP ST., ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO SCOOP ST. IN CONNECTION WITH THE APPLICABLE SALE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL SCOOP ST., ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF SCOOP ST.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

14. International Use

We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15. Scoop St. Affiliates

Scoop St. is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. Scoop St. reserves the right to void all service, return, and other policies for orders and Scoop St. products that were purchased through unauthorized sellers. Scoop St. is not responsible for any representations by unauthorized sellers.

16. Unavailability of Site; Termination; Fraud

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or Membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your Membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

17. Copyright

Everything located on or in this Site is the exclusive property of Scoop St. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF SCOOP ST. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject Member to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Scoop St. protected by copyright as a collective work under the United States copyright laws. Scoop St. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download/print/save copyrighted material for Member's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Scoop St. and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of Scoop St., unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Scoop St., unless otherwise stated.

Member shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Scoop St. does not have any express burden or responsibility to provide Member with indications, markings or anything else that may aid Member in determining whether the material in question is copyrighted or trademarked. Member shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, Member warrants that the owner of such material has expressly granted Scoop St. 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 that may exist in such material. Member also permits any other end user to access, view, store or reproduce the material for that end user's personal use. Member hereby grants Scoop St. the right to edit, copy, publish and distribute any material made available on this Site by Member.

If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must:

[a] identify the allegedly infringing materials;

[b] indicate where on the Site the infringing materials are located;

[c] provide your name, address, telephone number and email address;

[d] state that you have a good faith belief that the materials are infringing;

[e] state that the information in your claim is accurate; and

[f] indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf.

Scoop St.'s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

c/o Scoop St.

130 W. 29th St.

Floor Six

New York, NY 10001

By email:

support@scoopst.com

18. Choice of Law and Forum

These Terms of Use and any dispute of any sort that might arise between you and Scoop St. or its affiliates shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts in the Southern District of New York; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

19. Miscellaneous

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Scoop St. with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Scoop St. with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Scoop St. to act with respect to a breach by you or others does not waive Scoop St.’s right to act with respect to subsequent or similar breaches. Scoop St.’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.

Updated: May 2010

© 2010 Scoop St. All rights reserved.