Terms and Conditions
Welcome to Disability Scoop and DisabilityScoop.com, owned and published by Disability Scoop, LLC (hereinafter alternately referred to as the “Website,” “Disability Scoop,” “we” or “us”).
Please read these Terms and Conditions of Use which govern the use of Disability Scoop by consumers (“you”). If you do not agree to these Terms and Conditions of Use, you must terminate your visit to this Website immediately.
1. Disability Scoop, LLC, is a limited liability company organized under the laws of the State of Tennessee, with principle offices in Memphis, Tennessee.
2. Disability Scoop is the first and only national news organization serving the developmental disability community including autism, cerebral palsy, Down syndrome and intellectual disability, among others. Five days each week Disability Scoop sifts through the clutter to provide a central, reliable source of news, information and resources. Plus, Disability Scoop is the only place to find original content and series that take an in-depth look at what lies beyond the day’s headlines. Launched in 2008, Disability Scoop is the premier source for developmental disability news. Nothing in these Terms and Conditions of Use, nor in the Disability Scoop Privacy Policy (incorporated herein by reference) shall be construed as obligating us to continue operations, or to bind us to any users in any way if we choose to discontinue operations.
3. Consumers visiting the Website agree to the following restrictions:
(a) Consumers will not reprint, republish, reproduce or distribute, in any way except as explicitly authorized (i.e., Consumers’ authorized ability to utilize the “Email this Story” function of the Website to share content with others), any information, images, text or other materials found on the Website. You acknowledge that the materials on the Website (including, but not limited text, photos, images, graphics, illustrations, audio recordings, videos and/or films) are protected by copyright law, trademark law, state law rights of privacy and publicity and other federal, state and international protections, and you will not copy, publish, transmit, download, or otherwise distribute or appropriate our materials in any way without our prior written consent. Any unauthorized uses of our materials will result in an immediate breach of these Terms and Conditions of Use, as well as any other applicable state and/or federal laws. Upon such breach, we will pursue any and all remedies available to us under state and federal law, including but not limited to actions for breach of contract and copyright infringement. If you believe that material on our Website infringes the copyrights of another, please contact us.
(b) The content of third parties, including links to stories and advertisements displayed and/or served on the Website are the property of their respective parties provided for informational purposes only, and Disability Scoop and/or the Website is not sponsored by and/or affiliated with the owners of trade marks or trade names appearing on the Website, including those constituting hyperlinks. You acknowledge and agree that we have not reviewed the content of all sites linked to from our Website and that we are not responsible for the content of any of those sites, and do not take responsibility for them or endorse them.
(c) By submitting comments or other content (“Submissions”) to the Website, you authorize Disability Scoop, LLC and its affiliates, including DisabilityScoop.com, the right to use such content and release and hold harmless Disability Scoop and its affiliates from any and all claims you might have for copyright infringement, trademark infringement, defamation, or violations of your right of privacy and publicity. You are solely responsible for such Submissions. Disability Scoop accepts no responsibility whatsoever in connection with or arising from such Submissions, including but not limited to disputes with third parties arising from such Submissions. You hereby agree to and do indemnify and hold Disability Scoop harmless from any and all claims by third parties arising from the use of such Submissions on the Website. We do not endorse and have no control over Submissions submitted by others to the Website. Submissions submitted to the Website are not necessarily reviewed by us prior to posting and do not necessarily reflect the opinions or policies of Disability Scoop. We make no warranties, express or implied, as to such Submissions or their accuracy and reliability. Nonetheless, we reserve the right to prevent you from submitting Submissions to the Website, including but not limited to Forums, and to restrict, delete or remove such Submissions for any reason at any time.
4. By registering for Disability Scoop, you assert that you are 18 years of age or older. By registering, you agree to receive eMail News and other email communications from Disability Scoop. However, you can unsubscribe from these services at any time, as stipulated in the Disability Scoop Privacy Policy.
5. We do not claim any ownership rights in the Submissions that you post to the Website. By displaying or publishing (“posting”) any content on or through the Website, you hereby grant to us a non-exclusive, perpetual, royalty-free, worldwide license for the limited purpose of allowing us to use, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, and modify such content, including without limitation distributing part or all of the Website for advertising purposes, in new compilations, and in any media formats and through any media channels, now existing or hereafter created.
User hereby represents and warrants that he/she is the sole author of any Submissions and that all Submissions represent the user’s original work, not copied in whole or part from any other source, and that the posting of Submissions shall not result in a breach of contract between you and any third party. Further, user attests that no Submissions will be libelous, obscene or otherwise defamatory or infringe on the rights of any entity or individual, including but not limited to copyright, trade name and trademark, and privacy and publicity rights. User grants us the right to publish user’s name and other information, as provided by the user, for the attribution of Submissions. We retain the right to edit, modify or remove in whole or part any and all Submissions at any time and without notice to user.
The services provided by Disability Scoop are intended only to provide general information and entertainment. These services should be utilized only with the express understanding that Disability Scoop and our affiliates (including but not limited to our guest professionals) are not engaged in rendering legal, medical, financial or other professional services. If such services or other expert assistance is required, the services of an experienced attorney, doctor or other professional should be sought.
6. While we do our best to prevent viruses, worms and other harmful materials from being distributed through the Website, we do not warrant that materials on the Website or available for download from the Website will be free of such materials. We will not be held liable for any damage, no matter how remotely related, caused by the use of the Website. Users assume all risk when viewing or otherwise accessing the Website. You agree to hold Disability Scoop harmless and defend and indemnify Disability Scoop from any and all claims, damages, costs and expenses, including attorneys’ fees, deriving from or in relation to your use of the Website, including but not limited to financial losses or damage to hardware, software or other equipment. For clarification, this will include disputes that are settled out of court or through arbitration. We will make reasonable efforts to keep the Website service available on an ongoing basis. You may experience poor performance from time to time based on the need for us to provide maintenance, temporary unavailability of the Web or for reasons beyond our control. We shall not be liable for these types of failures.
7. Disclaimer of Other Warranties. The Material on This Website (Including, Without Limitation, All Content, Software, Functions, Services, Materials and Information Made Available Herein or Accessed by Means Hereof) Are Provided As Is to the Extent Provided By Law, Without Warranties of Any Kind, Either Express or Implied, Including But Not Limited to, Non-Infringement, Warranties of Merchantability, and Fitness for a Particular Purpose. You Acknowledge and Agree That The Information, Products and Services Provided on Disability Scoop are Purely for Entertainment and Reference Purposes, and Such Content Should Not Be Construed As Creating Any Legally Binding Relationship, Obligation, Contract or Responsibility By and/or Between Disability Scoop, LLC, DisabilityScoop.com and You, Nor Should Such Content (Which Does Not Purport to Be the Advice of a Legal, Medical, Financial or Other Professional) Be Relied Upon in Lieu of the Advice of Such Professional.
8. Limitation of Liability. You Assume Full Responsibility and Risk of Loss Resulting From Your Use of This Website and Any Information on This Website. Under No Circumstances Shall We or Any of Our Employees, Members, Owners, Agents or Other Representatives be Liable for Any Indirect, Punitive, Special or Consequential Damages Even if We or Any of Our Employees, Members, Owners, Agents, or Representatives Have Been Advised of the Possibility of Such Damages. Our Total Liability in Any Event is Limited to the Amount, if Any, Actually Paid by You for Use of the Website, and You Hereby Release Us and Our Employees, Owners, Agents and Representatives From Any and All Obligations, Liabilities and Claims in Excess of This Limitation.
9. You understand that we reserve the right to bar your further use of the Website at any time, with or without cause, without prior notice.
10. These Terms and Conditions shall be governed by the laws of the United States and the State of Tennessee. By continuing to use the Website, you hereby agree to be bound by these Terms and Conditions. If any term or provision of these Terms and Conditions is found to be unenforceable, the remaining terms and provisions shall survive in full force and effect.
11. We retain the right to alter and/or terminate these Terms and Conditions at any time without notice. The current Terms and Conditions at any given time supersedes any and all previous Terms and Conditions. At our option, we may notify users of changes to these terms through advisement on the Terms and Conditions hyperlink on the Website. Any modification is effective as of the posting of the change. Your continued use of the Website more than thirty (30) days following notice of any modification to these Terms and Conditions of Use shall be conclusively deemed and acceptance of such modification(s). If any change is unacceptable to you, you may notify us before the expiration of the thirty (30) day period of your decision to terminate your registration with Disability Scoop. Notwithstanding anything to the contrary, no modification to these Terms and Conditions and/or any policies affecting the Website shall apply to any dispute of which we had actual notice on the date of the modification.
12. These Terms and Conditions of Use constitute the entire agreement between you and us with respect to the Website, excepting only the Disability Scoop Privacy Policy. Failure by us to enforce any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with the Website and we will cooperate with law enforcement officials as appropriate. In the event any portion of these Terms and Conditions of Use is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms and Conditions of Use shall remain in full force and effect.
13. Please see our Privacy Policy.
Terms and Conditions updated: January 2, 2011
