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Terms of Use

This document was last updated July 1, 2010.

1. Your Acceptance of These Terms of Use.
Welcome to ScatterTunes™. ScatterTunes™ is a web-based service owned and operated by ScatterTunes, LLC (sometimes referred to herein as "us" or "we") and is located at www.scattertunes.com (referred to herein as the "Website"). By using and/or visiting this Website, you hereby assent to both the terms and conditions set forth herein (the "Terms of Use") and the terms and conditions of our Privacy Policy, which are incorporated herein by reference. These Terms of Use apply to all users of the Website. We reserve the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. If you do not agree to any of the terms and conditions of this Terms of Use, then please do not use the Website.

2. Additional Terms.
Certain products or services offered via the Website may be governed by additional terms and conditions ("Additional Terms") including for example, the Terms of Service for the ScatterTunes™ iBoard® Services (including the ScatterTunes™ iBoard® and V-Album iBoard®). In such event, you must agree to such Additional Terms prior to using those products or services to which the Additional Terms apply and all Additional Terms shall supplement these Terms of Use. Unless specifically stated otherwise, in the event that any provisions of any Additional Terms conflict with these Terms of Use, then the Additional Terms shall govern with respect to solely those conflicting provisions.

3. Privacy Policy.
As stated above, these Terms of Use include the terms and conditions of the Privacy Policy and which is hereby incorporated by reference. In the event that there exists any inconsistency between these Terms of Use and the Privacy Policy, the terms and conditions of the Privacy Policy shall control.

4. Your Ability to Accept These Terms of Use.
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

5. Links to Third-Party Websites.
The Website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using our Website, you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policy of any other website that you visit.

6. Website Access.

  1. We hereby grant you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will comply with the all terms and conditions of these Terms of Use.
  2. In order to access some features of the Website, you are required to create an account by choosing a username (such as your email address) and password. You agree that you will not use another's account, username (such as your email address) or password at any time without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in connection with your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
  3. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

7. Website Content.

  1. The contents of the Website are provided AS IS and are intended for your personal, noncommercial use. All materials published or otherwise contained on the Website (including, but not limited to text, software, photographs, images, illustrations, sounds, music, and videos (herein the "Content") are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by us or our licensees (whether or not such licensees are credited as the provider of the Content). We reserve all rights in and to the Content not expressly granted to you hereunder. You shall abide by all copyright notices, information, and/or restrictions contained in any Content.
  2. The Website and the Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, broadcast, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 7), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Website in whole or in part.
  3. Copying or storing of any Content for other than personal use is expressly prohibited without our prior written permission.
  4. You shall have no rights to any proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Website ("Access Software"). You may not sublicense, assign or transfer any licenses granted by us or our licensors and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the Access Software.

8. Copyright Claims.

  1. If you are a copyright owner or an agent thereof and believe that any item of content or other material on the Website infringes upon your copyrights, you may submit a notification of your claim, provided that such notification must be submitted pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address (i.e. email address);
    5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Our designated Copyright Agent to receive notifications of claimed infringement is: Milton E. Olin, Jr., Esq., Altschul & Olin, LLP, 16133 Ventura Boulevard, Encino, CA 91436; phone 818-990-1800; fax 818-990-1429; email: copyright@scattertunes.com. For clarity, only DMCA notices should go to the Copyright Agent. Other feedback, comments, requests for technical support, and other communications should be directed to our Customer Service. You acknowledge that if you fail to comply with all of the requirements of this Section 8, your DMCA notice may not be valid.
  3. If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Website infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect to notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.

9. Warranty Disclaimer.

You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. We make no warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to this Website and assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Website, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

10. Limitation of Liability.
In no event shall we, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Website, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by us from our facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Termination.
We, in our sole discretion, reserve the right to modify, suspend or discontinue the Website or any products and/or services offered by us via the Website at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to such products, services, content or other materials comprising the Website. We will not be liable for the removal of or disabling of access to any products, services content or other materials under these Terms of Use. We further reserve the right, in our sole discretion, to terminate these Terms of Use with you and/or your use of the Website (or any part thereof) at any time, with or without notice, for any or no reason.

12. Indemnity.
You agree to defend, indemnify and hold harmless us, our successors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; or (d) any claim that any item of content posted or submitted by you caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

13. Assignment.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

14. Miscellaneous.
You agree that: (a) the Website shall be deemed solely based in Texas; and (b) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas. These Terms of Use shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Lubbock County, Texas. You and we agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use, together with the Privacy Policy, Terms of Service and any other legal notices published by us on the Website, shall constitute the entire agreement between you and us concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Copyright © 2010 ScatterTunes, LLC. All Rights Reserved. iBoard is a registered trademark of MC Squared Incorporated. ScatterTunes is a trademark of ScatterTunes, LLC. iBoard is a registered trademark of, and licensed hereunder, by MC Squared Incorporated.