Terms And Conditions

Last updated March 10, 2019

Welcome to MtnScoop.com, which is published by Outdoor Media LLC ("Outdoor Media", “we” or “us”). These Terms and Conditions (“Terms”) apply to www.MtnScoop.com, our paid content, and our other digital services or mobile or other applications on which a link to these Terms and Conditions appears (collectively, the "Outdoor Media Services" or “Services”), all of which Outdoor Media Services are provided by Outdoor Media at any time and from time to time in its sole discretion. Outdoor Media may change, suspend or discontinue any or all of the Outdoor Media Services at any time.

You agree that your use of the Outdoor Media Services is subject to the following Terms and Conditions. If you do not agree with the Terms and Conditions in their entirety, please do not use any Outdoor Media Services.

General

These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Outdoor Media Services by you will constitute your acceptance of any changes or revisions to these Terms and Conditions. Portions of the Outdoor Media Services may be governed by different or additional terms and conditions. In the event of a conflict between any provision of these Terms and Conditions, on the one hand, and any specific terms and conditions for a particular Outdoor Media Service, on the other hand, the applicable provision of the specific terms and conditions for that Outdoor Media Service shall prevail with respect to your use of the Outdoor Media Services.

Outdoor Media does not warrant or make any representations regarding the use or the results of the use of the materials on the Outdoor Media Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Outdoor Media or any of its parents, subsidiaries, affiliates, licensors, or their respective constituent entities, partners, officers, directors, members, employees, agents, or representatives be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Outdoor Media Services. Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the Outdoor Media Services or any goods or services offered for sale through the Outdoor Media Services shall be to request that Outdoor Media correct the matter or, if Outdoor Media fails to do so, to discontinue use of the Outdoor Media Services. In no event shall Outdoor Media's liability exceed an amount equal to all fees paid by you to Outdoor Media in connection with your use of the Outdoor Media Services.

Outdoor Media periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Outdoor Media shall have no liability for the resulting unavailability of the Outdoor Media Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the Outdoor Media Services.

Privacy

By using the Outdoor Media Services, you indicate that you understand the information collection, use, and disclosure practices described in the Privacy Policy.

Copyright

All materials published on or in the Outdoor Media Services are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Outdoor Media or, in the case of content licensed by Outdoor Media from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material (one copy per page) from this Outdoor Media Services for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material; you must pay a fee to access that content which requires a fee for access. To request use of Outdoor Media Services content - other than personal, non-commercial use as described above - contact [email protected] to request specific, written authorization, which may require payment of a fee and may be granted or denied in the sole discretion of Outdoor Media.

In the event you believe that any content posted on the Outdoor Media Services infringes your copyright or other intellectual-property rights, you may notify Outdoor Media by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Outdoor Media Copyright Agent c/o Legal Department, Outdoor Media, 8001 Forbes Place, Suite 211 #107, Springfield, VA 22151 or to [email protected]

Please provide our copyright agent with the following information in writing:

Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Outdoor Media or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Outdoor Media, its affiliates, or any third party.

Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.

Third-Party Content and Links to Third-Party Websites

Outdoor Media Services may contain third-party owned content and links to other websites ("Linked Sites"). Outdoor Media does not control, endorse, recommend, and is not responsible for, any third-party site to which the Outdoor Media Services link or that links to any Outdoor Media Services. Linked Sites are not under the control of Outdoor Media, and Outdoor Media is not responsible for the content or privacy practices of the Linked Sites.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. OUTDOOR MEDIA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU RELY ON THE SERVICES AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUTDOOR MEDIA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY OUTDOOR MEDIA, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY OUTDOOR MEDIA OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

OUTDOOR MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND OUTDOOR MEDIA DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.

Limitation of Liability

IN NO EVENT WILL OUTDOOR MEDIA OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OUTDOOR MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUTDOOR MEDIA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify and hold harmless Outdoor Media and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Governing Law

This Agreement shall be governed by the laws of the United States and the internal laws of the Commonwealth of Virginia. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.

Termination

Outdoor Media may terminate this agreement for any reason at any time. Outdoor Media reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

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