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Terms Of Services

ScoobyNetworks Group!


 

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

 

The subject

The following terms and conditions of service apply to all business relationships between the Client and ScoobyNetworks-Group (OVHCloud).
Dissenting, conflicting or additional customer terms of service, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.

ScoobyNetworks-Group hereby undertakes to give the Client the right to use chosen services, upon ordering and upon payment of a fixed fee by the Client.
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older.

 

Dissenting The subject, conflicting or additional customer terms of service, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.

ScoobyNetworks-Group hereby undertakes to give the Client the right to use chosen services, upon ordering and upon payment of a fixed fee by the Client.

The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older.

Terms of payment and billing

The service fee for is indicated in the pro-forma invoice prepared for the Client. The service is paid in advance for the agreed time period.

Client must pay to ScoobyNetworks-Group no later than the time limit set for payment in pro-forma invoice. In the event of non-payment ScoobyNetworks-Group has the right to apply an additional charge for the reanimation of the service.

Service parameters are specified on the ScoobyNetworks-Group website.

ScoobyNetworks-Group reserves the right to change rates, informing the Client thereof no later than 1 (one) month before the next billing period.

Client agrees to receive notices and invoices by email.

Rights and responsibilities

ScoobyNetworks-Group undertakes:

Not later than within 3 (three) business days from the date of Terms of service 2.2 article fulfilment to give the Client the right to use ordered services for a paid period or if the service is not directly provided by ScoobyNetworks-Group process order.

Not later than within 7 (seven) calendar days before the expiration of the service, send the Client generated pro-forma invoice for the renewal of the service.

Not later than within 1 (one) calendar day to remedy services malfunctions due to the failure of the node hardware or software from ScoobyNetworks-Group side.

Take the necessary steps to ensure the security of hardware.

ScoobyNetworks-Group has the right to turn off the Client’s service without prior notice, if the Distributed Denial of Service (DDoS) attack is directed to the service or the operation of the service causes interruptions on ScoobyNetworks-Group technical platform.

Client's undertakes:

Submit the correct Client identification and contact information and inform ScoobyNetworks-Group about its changes in a timely manner. At the request of the principal, provide proof of the certainty of the information provided.

Securely store ScoobyNetworks-Group provided login details.

Ensure that the service provided to the Client will not be used directly or indirectly for unauthorized activity, including, but not limited to, mass mail sending, damage to computer systems, network operations or security, as well as in violation of applicable legal acts of the United States Of America, the rights of ScoobyNetworks-Group and third parties.

Immediately inform ScoobyNetworks-Group about service disruptions.

Accept resource usage data provided by ScoobyNetworks-Group and pay for used resources in accordance with pro-forma invoice generated for the Client.

To hire competent system administrator to permanently maintain a rental server, provide timely software updates and security, or perform it on their own.

Liability

ScoobyNetworks-Group is responsible for cases where article 3.1 of Terms of service has not been complied with if such cases arose due to the fault of ScoobyNetworks-Group.

ScoobyNetworks-Group is not responsible for storing the Client’s information after termination of the service.

Client assumes full responsibility in the event of disputes over the validity of the use of server resources provided to them.

Neither party is liable for any indirect damage to the other party of the contract.

Contract duration

The Contract is valid for an indefinite period, effective from the moment when the Client submits an order according to Article 1.1 of Terms of service and fulfils its obligation according to Article 2.2.

The Contract shall be terminated upon the failure of the Client to fulfil at least one of the obligations assumed by this Terms of service.

The Client has the right to terminate the contract unilaterally after informing ScoobyNetworks-Group. ScoobyNetworks-Group returns paid service fee according to the procedure described in Refund policy.

 

 

The ScoobyNetworks website located at https://scoobynetworks.uk is a copyrighted work belonging to Scooby Networks Group. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

 

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

 

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

 

These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.

 

Access to the Site

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

 

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

 

Company reserves the right to change, suspend, or cease the Site with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

 

Term - The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use or for any other reason not expressly defined within this policy. Your service is provided to you for as long as it is paid for, if you fail to pay or default on your payment, your service will be suspended for several days before being terminated which means the account will be irreversibly destroyed.

 

Suspension/Termination - ScoobyNetworks-Group, reserves the right to suspend and/or terminate any service at any time if we see fit, or if you are found to be abusing these Terms.

 

Our Staff - Our staff deserve the right to work in a safe, and non-abusive environment. As such, we kindly remind you that swearing, or being abusive towards our staff is prohibited.

 

Prices and Charges - ScoobyNetworks-Group provides the use of Sonic-Panel and other control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you. We reserve the right to increse or otherwise make changes to our pricing as and when the need arises.

 

Refunds - ScoobyNetwork-Group only allow refunds within the 7 days from order, cooling off period. The user is entitled to the whole amount that was given to ScoobyNetworks-Group via the selected payment method. Addon services such as extra listeners slots, port changes and Station Promotion packages, all other addons are not eligible for refund. ScoobyNetworks-Group reserves the right to deny any client a refund if these terms are violated. ScoobyNetworks-group reserves the right to refuse to refund for any reason and/or waive the "cooling off period" should there be a valid reason to do so.

 

PayPal Billing Agreements

 

Pre-approved Payments (also known as Automatic Payments).By providing an advance Authorisation for Pre-approved Payments, you:

* give the third party the ability to collect or reverse fixed or variable amount payments from your Account on a one-time basis, or on a (sporadically or periodically) recurring basis (as further specified in the applicable billing agreement – the document that you agree to when giving the Authorisation) until you cancel your Authorisation or underlying arrangement with the applicable third party;

 

and

 

* hereby authorise and instruct PayPal to pay the third party (or another person they direct) from your PayPal Account amounts you owe as presented to us by the third party. This makes the recipient a trusted beneficiary of all your payments made under that Authorisation, so we will not ask you to log in or approve the payments when they are made. You agree that PayPal is not obligated to verify or confirm the amount the third party presents to us for the purpose of processing this type of payment. You further acknowledge and agree that payments made under this provision are variable and may be made on various dates.

 

If you use the PayPal Location Based Payments Functionality to make a Pre-approved Payment to another User (typically a merchant) who accepts payments through the PayPal Location Based Payments Functionality, you may Authorise that User by selecting the User in the PayPal Location Based Payments Functionality. When you Authorise such a User, we may restrict the total amount that the Authorised User can request from your Account within a specific time period, as we may determine at our own discretion.

 

If your Pre-approved Payment requires a currency conversion by us, the amount of the Currency Conversion Fee (per Schedule 1) will be determined at the time the applicable third party processes your payment and completes the transaction. You acknowledge that the exchange rate determined at the time of each payment transaction will differ and you agree to the future execution of Pre-approved Payments being based on fluctuating exchange rates.

 

Prospective Payment Recipients acting under the above Authorisations who present us with a payment request under this provision hereby:

 

* warrant to PayPal that the amounts they present have been agreed and consented to by the User whose Account will be deducted (including changes to those amounts) and that they will give prior notice of the deduction to the payer;

 

and

 

* agree that they will notify the payer at least 4 weeks in advance of the amount they will collect if that amount has increased in such a manner that the payer could not have reasonably expected to pay such an amount, taking into account the payer’s previous spending patterns and the circumstances of the payment and that they will be liable to PayPal for any refunds of such payment in accordance with the terms of this User Agreement.

 

You agree that you cannot request a refund from PayPal for a Pre-approved Payment unless:

 

a. the Authorisation did not specify the exact amount of the payment transaction when the Authorisation was given and the applicable amount exceeded the amount you could have reasonably been expected to pay, taking into account your previous spending patterns and the circumstances of the case;

 

and

 

b. your consent to the making of the third party initiated payment was not given as set out in section 4.1(e);

 

or

 

c. the information relating to the third party initiated payment was not provided or made available to you for at least 4 weeks before the date the payment transaction was made to the merchant;

 

and

 

d. you notify us of the request within 8 weeks from the date the payment was made;

 

and

 

e. you comply with our requests to obtain information which we reasonably require to review the circumstances of the case. We reserve the right to request further information as is reasonably necessary to ascertain whether the above conditions have been satisfied and to waive any or all of the above conditions.

 

Cancelling Pre-approved Payments.You may cancel a Pre-approved Payment at any time up to 1 Business Day prior to the date the payment is scheduled to be made. You may cancel a Pre-approved Payment by logging in to your Account, accessing the “Settings” tab, then, in the “Payment settings” section, clicking on “Preapproved Payments” and following the instructions to cancel the payment. In addition, if you cancel a Pre-approved Payment you may still be liable to the merchant for the payment and be required to pay the merchant through alternative means.

When you use the PayPal Location Based Payments Functionality to give an Authorisation for a Pre-approved Payment to a User (typically a merchant) who accepts payments through the PayPal Location Based Payments Functionality, you may only cancel the Authorisation by following the steps to cancel your selection of the User in the PayPal Location Based Payments Functionality.

 

Sending E-money in Multiple Currencies.You may Send Money in U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, Yen, Australian Dollars, Brazilian Real, Czech Koruna, Danish Krone, Hong Kong Dollar, Hungarian Forint, Israeli New Shekels, Mexican Peso, New Zealand Dollar, Norwegian Krone, Philippine Peso, Polish Zloty, Singapore Dollar, Swedish Krona, Swiss Franc, Thai Baht and Taiwan New Dollar. There may be some restrictions with regard to where you can send certain currencies. When you are sending money to a merchant who has requested a currency that is different than the primary currency of your Account, you will need to specify whether you want to pay the merchant in the merchant’s requested currency, or in your primary currency (in some cases, the merchant may not give you a choice). If you send E-money in a currency that is not your primary currency, we follow these practices:

a. If you have a Balance in the requested currency, we will fund your transaction from your Balance.

 

b. If you have a Balance in a different currency, we will perform a currency conversion and use the converted Balance to fund your transaction.

 

c. If you do not have a Balance, we will fund your transaction through your Default Funding Sources.

 

Client undertakes: VPS/Dedicated Servers

 

Submit the correct Client identification and contact information and inform about its changes in a timely manner. At the request of the principal, provide proof of the certainty of the information provided.

Securely store ScoobyNetwork-Group provided login details.

Ensure that the service provided to the Client will not be used directly or indirectly for unauthorized activity, including, but not limited to, mass mail sending, damage to computer systems, network operations or security, as well as in violation of applicable legal acts of the USA, the rights of ScoobyNetworks-Group and third parties.

Immediately inform ScoobyNetworks-Group about service disruptions.

Accept resource usage data provided by ScoobyNetworks-Group and pay for used resources in accordance with pro-forma invoice generated for the Client.

To hire competent system administrator to permanently maintain a rental server, provide timely software updates and security, or perform it on their own.

Support or Maintenance. You agree that Company will have obligation to provide you with any support in connection with the Site/Services.

.Any maintenance or Emergency maintencance ScoobyNetworks-Group will inform the clients of this VIA E-mail and also will be posted on the Network Status Page. https://scoobynetworks.uk/accounts/serverstatus.php.
ScoobyNetworks-Group offer a out of hours. The customer agrees that should they require that a fee of £10 will be applied and will need to be paid before any support is given.

The ticket system 

Customers can send ScoobyNetworks-Group staff a support ticket or billing ticket these will be answered on a first come first served basis. In Some cases tickets will be escalated to Customer Solutions Team.

 

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

 

User Content

User Content. "User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content.  You hereby certify that your User Content does not violate our Acceptable Use Policy.  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

 

You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.  You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

 

Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

 

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

 

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

 

If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

 

You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.  Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

 

Other Users. Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

 

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

 

Cookies and Web Beacons. Like any other website, ScoobyNetworks uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

 

Google DoubleClick DART Cookie. Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

 

Our Advertising Partners. Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Tawk.to

Any customer or potential customer have the ability to contact ScoobyNetworks-Group staff VIA Live chat between certain hours you can find there terms of service below.

Plesk

Certain Customer will have access to Plesk there terms of services are below

Sonic Panel

Customer agrees to maintain a current copy of all content hosted by ScoobyNetworks-Group
ScoobyNetworks-Group  shall maintain and control ownership of all IP addresses and port numbers that may be assigned to YOU. ScoobyNetworks-Group reserves, in its sole discretion, the right to change or remove any and all such IP addresses and port numbers
All customers are responsible for monitoring their storage space and bandwidth transfer each month.
Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage.
If customers continue to go over we will do everything possible to fix the problem.
We do hold to right to ban accounts for continuous problems.

OVH Cloud

Customers agree when taking VPS/Dedicated servers they agree to keep all information confidential ScoobyNetworks-Group are not liable for any data breach that was caused by the customer. 

Customers agree they will notify ScoobyNetworks-Group of any hardware issues.

Customers agree if they use such services for any misuse ScoobyNetworks-Group shall be informed by OVH Cloud and we shall terminate/suspend any servcies whilst an investigation takes place.

ScoobyNetworks-Group are not liable for any maintenance unless it is a hardware failure.

any DDOS (Distrubuted Denial-of-service attack) spam hacking into other companies will result in ScoobyNetworks-Group being informed by OVH Cloud.

WHMCS

ScoobyNetworks-Group use WHMCS for there billing system Customer have acces to a client area where they can Provide Payments and place support requests.

Camfrog

ScoobyNetworks-Group partnered with Camfrog

Plesk

https://www.plesk.com/legal/#terms-of-use

Google

https://policies.google.com/technologies/ads

Tawk.to

https://www.tawk.to/terms-of-service/

WHMCS

https://www.whmcs.com/terms-of-service/

Google

https://policies.google.com/technologies/ads

Camfrog

https://www.camfrog.com/en/terms.phtml

 

Disclaimers

The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

 

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

 

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages.  Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

 

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.  You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

 

Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

 

your physical or electronic signature;

identification of the copyrighted work(s) that you claim to have been infringed;

identification of the material on our services that you claim is infringing and that you request us to remove;

sufficient information to permit us to locate such material;

your address, telephone number, and e-mail address;

a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

 

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: complaints@scoobynetworks.uk. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

 

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

 

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

 

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

 

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.

 

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

 

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

 

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

 

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

 

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

 

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

 

Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

 

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

 

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

 

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.

 

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

 

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

 

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

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