1. Acceptance of terms
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with ScorEven in any way, your only recourse is to immediately discontinue use of ScorEven. ScorEven has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
2. Modification to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person who selected or used such Content. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that ScorEven does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable to the recipient of such content or persons connected to the recipient. Furthermore, the ScorEven site and Content available through the Service may contain links to other websites, which are completely independent of ScorEven. ScorEven makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content. The choice of using or relying on the said content shall totally be in your discretion as the user, and that under no circumstances will ScorEven be liable in any way for any Content or for any actual or perceived loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that ScorEven does pre-screen or approve Content only to the extent necessary to check the observance of the rules for the Content written by the member, but that ScorEven shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. Privacy And Information Disclosure
5. Sender’s Undertaking
- Any person wishing to use the services provided by ScorEven or willing to send his or her one-liners through ScorEven website can do so after complying with the registration formalities.
- The sender represents that he or she is 18 years old and also otherwise legally entitled to use the services of ScorEven website and send one-liners through the website.
- The sender undertakes to use the service only to send the one-liners to a potential recipient who is 18 years and above.
- The sender cannot send a one-liner to more than one recipient at a time.
- However, the sender agrees that he or she shall not refer the name of the recipient nor use any words, phrases or numericals or any other means whatsoever to identify the recipient , or himself/ herself in the written one-liner(s).However the one liner can use the words, “I”, ”me”, “myself”, “you” and/ or “yourself’ or the like.
- The sender also agrees that no contextual reference of any nature whatsoever will be mentioned in the service in the one liner written by or on behalf of the sender.
- The sender shall not use such one-liners which are overtly threatening, overtly abusive, of criminal nature or unlawful.
- The sender’s user name shall be his / her original first and last name given at the time of registration with Scoreven.
- ScorEven makes it clear to the sender that the message will be sent to the e-mail address of the recipient provided by the sender but there is no assurance or guarantee that the e-mail will be received, opened or read by the recipient and there is no obligation on the part of ScorEven to inform the sender of the delivery status of the e-mail or information as to whether the recipient has opened the message or read it or chose to register with the website or has sent any message to the sender or any other person.
- In case of voice message and/or video clip, the words employed by the sender should not exceed 25 seconds*
- The sender agrees and consents to ScorEven to disclose the information provided by the sender at the time of registration or subsequent updates of the information to the statutory authorities, courts or other judicial authorities as per the lawful direction of such authorities.
- The sender agrees to abide by using the services provided by ScorEven in the manner in which it is made available by it and will not make any demands or requests whatsoever seeking more facilities or options in the services.
- The sender undertakes that he or she will use the service provided by and through ScorEven only in a bonafide manner and only on his or her behalf, and undertakes not to use the services as an agent of any other person.
- The sender shall be solely responsible for the structure of the one-liner and the grammar of the one liners written by him or her, and ScorEven does not extend its services to the correction or modification to the structure or grammar in any manner.
- The sender unconditionally agrees to ScorEven approving the one-liners written by the sender as to its contents and the observations of the rules and its decision shall be final and binding, and ScorEven is under no obligation to disclose any reason for its decision.
6. Recipient’s Undertaking
Before the opening or viewing of the message by the recipient (which includes the e-mail addressee, the telephone subscriber, vehicle registration plate owner, or the company of any of the said persons, and all those people using or having access to the e-mail or phone instrument whether they are authorized or not, or viewing the message for the person for whom it is intended, or otherwise), the recipient gives the following undertaking:
(a). It is notified by Scoreven and fully understood by the recipient that Scoreven is not the sender of the message and that the message is sent by someone registered with Scoreven as a member of Scoreven game competition website namely, www.scoreven.com.
(b). the recipient is notified which they acknowledge that the message will contain one or more of the following namely, one-liners, wise quips, insults, quotes, put-downs, comebacks, zingers, jibes, jokes, puns, retorts, jest, banter and clever remarks (hereinafter, referred to as the service) and the actual sender has either used the service provided by the Scoreven website or developed by the actual sender, and the recipient unconditionally undertakes not to raise any claims whatsoever against Scoreven or raise any questions against Scoreven for letting the sender use the service.
(c). The recipient fully understands that Scoreven website is only a game competition site involving wit and sarcasm , and only provides a platform for using the service with the main intention of providing a platform for using the service to hone up skills of wit and sarcasm. The recipient unconditionally, agrees that they open, view, read, print, forward or use the information contained in the message which may be perceived as in any way objectionable or unacceptable to such recipient or to any one whatsoever; and that Scoreven is not in any way responsible , or liable for such information in the message delivered, and shall stand indemnified by the recipient at all times.
(d). The recipient shall not seek to know from Scoreven, either directly or indirectly, the identity or source of information relating to the sender of the message and the message will only reveal the username of the sender registered with Scoreven. (e).it is further understood that as a condition precedent for opening and viewing the message, the recipient shall agree to these terms of usage. In case, the recipient wants to reply back using the service of Scoreven, he or she shall have to register his particulars in www.Scoreven.com.
7. Fees Payable For Services
ScorEven notifies that there is no fees for viewing the contents of its website www.Scoreven.com to the extent the contents are made available for general public viewing. However, should any person wishes to use the services by either choosing the one-liners from www.ScorEven.com or his or her own one liners, he /she should first register their particulars on the website, agree to be bound by the terms of the TOU and make a non-adjustible and non-refundable deposit of US$ as stipulated in the payment terms in the home page of www. ScorEven.com.
The sender agrees to abide by the payment plan and fully made aware that the minimum deposit amount stipulated by ScorEven is payable in the mode given, which is non-refundable by ScorEven and for using the one-liners of ScorEven or one’s own one-liners, a fee is payable to Scoreven for availing their services, and this fee is also ascertainable from the payment page of ScorEven, and which is non-adjustible and non-refundable. The account registered by the sender and the deposit and any payments made by the sender to ScorEven is neither transferable nor assignable, and no such requests shall be entertained.
8. Limitations on Service
You acknowledge that ScorEven may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and thefrequency with which you may access the Service. You agree that ScorEven has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ScorEven reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ScorEven shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Access to Service
ScorEven grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ScorEven. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
“General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
ScorEven permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by ScorEven to do so. You may also create a hyperlink to the home page of ScorEven sites so long as the link does not portray ScorEven, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
ScorEven offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. ScorEven permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘ScorEven’ as the source, (d) your use or display does not suggest that ScorEven promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden ScorEven’s systems. ScorEven reserves all rights in the content o the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by ScorEven immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ScorEven.
You agree not to post, email, or otherwise make available Content on Scoreven website:
a) that is unlawful, defamatory and libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital,oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful towards a group of individuals on the basis of religion, race or ethnicity;
d) that impersonates any person or entity, including, but not limited to, a ScorEven employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
f) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
g) that constitutes or contains “affiliate marketing,” “link referral code”,”junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
h) that includes any commercial advertisements, link to commercial services or web sites, except as allowed in “services”;
i) 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;
j) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
k) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) “stalk” or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by ScorEven;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) attempt to gain unauthorized access to ScorEven’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the ScorEven website; or
x) use any form of automated device or computer program that enables the submission of postings on ScorEven without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
y) use any form of automated device or computer program (“flagging tool”) that enables the use of ScorEven’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU.
11. Notification of claim of infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify ScorEven’s agent for notice of claims of copyright or other intellectual property infringement, at abuse@ScorEven.com
Please provide our Agent with the following Notice:
a) Identify the material on the ScorEven site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
ScorEven will remove the infringing posting(s), subject to the applicable legal procedures.
12. Termination of service
You agree that ScorEven, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ScorEven believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that ScorEven shall not be liable to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
13. Proprietory Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ScorEven. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ScorEven, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. SCOREVEN is a registered mark in the U.S. Patent and Trademark Office.
Although ScorEven does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ScorEven an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant ScorEven all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
14. Disclaimer of Warranties
You agree that use of the scoreven site and the service is entirely at your own risk. the scoreven site and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. all express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law, scoreven disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the scoreven site and the service. to the fullest extent permitted by law, scoreven disclaims any warranties for other services or goods received through or advertised on the scoreven site or the sites or service, or accessed through any links on the scoreven site. to the fullest extent permitted by law, scoreven disclaims any warranties for viruses or other harmful components in connection with the scoreven site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
15. Limitations of liability
Under no circumstances shall scoreven be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if scoreven has been advised of the possibility of such damages), resulting from any aspect of your use of the scoreven site or the service, whether the damages arise from use or misuse of the scoreven site or the service, from inability to use the scoreven site or the service, or the interruption, suspension, modification, alteration, or termination of the scoreven site or the service. such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the scoreven site or the service or any links on the scoreven site, as well as by reason of any information or advice received through or advertised in connection with the scoreven site or the service or any links on the scoreven site. these limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold ScorEven, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. General Information
The TOU constitute the entire agreement between you and ScorEven and govern your use of the Service, superceding any prior agreements between you and ScorEven. The TOU and the relationship between you and ScorEven shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and ScorEven agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of ScorEven to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect. 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. Violation Of Terms And Liquidated Damages
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: abuse@Scoreven.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify,if it becomes necessary for ScorEven to pursue legal action to enforce these Terms, you will be liable to pay ScorEven the following amounts as liquidated damages, which you accept as reasonable estimates of ScorEven’s damages for the specified breaches of these Terms:
- If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay ScorEven one thousand dollars ($1,000) for each such message.
- This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. If ScorEven establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay ScorEven one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access ScorEven in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to ScorEven email addresses or through ScorEven computer systems, you agree to pay ScorEven twenty five dollars ($25) for each such email.
- If you post Content in violation of the TOU, other than as described above, you agree to pay ScorEven one hundred dollars ($100) for each Item of Content posted. In its sole discretion, ScorEven may elect to issue a warning before assessing damages.
- If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay ScorEven one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay ScorEven an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without ScorEven’s express written permission, you agree to pay ScorEven three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay ScorEven’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, ScorEven retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
19. Third-party contents, sites and services
The ScorEven site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of ScorEven, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with such accessed sites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such access, are solely between you and such websites and/or provider of services. You should be the best judge to decide in accessing the linked sites, the usage of information, and the consequences thereof. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree to hold ScorEven harmless and indemnify them from any claim, loss, or damage of any sort, or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that ScorEven is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ScorEven, its officers, employees, agents and successors in rights from claims, direct and indirect, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service
We welcome your questions and comments on this document.