SCANAD Online CMS (Content Management System)
1. General and Acceptance
In order to participate in certain SCANAD Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the SCANAD.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
SCANAD.TV may modify this Agreement from time to time and such modification shall be effective upon posting by SCANAD.TV on the Website. You agree to be bound to any changes to this Agreement when you use the SCANAD Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Use of and Membership in the SCANAD Services is void where prohibited. By using the SCANAD Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the SCANAD Services does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning, if we believe that you are less than 18 years of age.
Minors are not allowed to purchase Premium/Upgraded Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action on behalf of his/her company without need for any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, SCANAD shall provide certain services, as described more fully on the Website ("Services"). Services may include, but not be limited to, encoding sound tracks, encoding 2D images, Create inaudible sound wave, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content" to compose USER SCANAD PAGES). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and SCANAD may charge fees for such Services.
The Services are provided by SCANAD are: (1) Encode by finger print technology the user SOUND TRACKS (AUDIBLE files) to be recognizable by ScanAd smartphone application (SCANAD APP) redirecting the smartphone user to the USER SCANAD PAGES (2) Enable user IMAGES ENCODED FILE to be recognizable by ScanAd application redirecting the smartphone user to the USER SCANAD PAGES (3) CREATE INAUDIBLE SOUND FILE to be recognizable by ScanAd application redirecting the smartphone user to the USER SCANAD PAGES.
SCANAD ensure such Audio signals are not audible to viewers on TV.
SCANAD may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. SCANAD may charge fees for the use of the Services or part of them. The Premium/Upgraded Services provided by SCANAD (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
4. General Undertakings
5. The SCANAD Website
6. Website Access
B. In order to access some features of the SCANAD WEBSITE and CMS, you will have to create an account. You may never use someone else's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify SCANAD immediately of any breach of security or unauthorized use of your account. Although SCANAD will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SCANAD or others due to such unauthorized use.
7. Third Party Content
A. Linked Third Party Content: SCANAD enables you to link USER SCANAD PAGES to images, videos sound tracks, audio files. As a registered user, your USER SCANAD PAGES are saved by SCANAD, and the existence of your creation in SCANAD shall not affect in any manner the ability to view or use SCANAD Linked Content. If the Linked Content is no longer available or accessible to a SCANAD APP user (the audience), then those portions of your creation that reference the Linked Content will not work.
B. Third Party Content: SCANAD may provide on the SCANAD CMS (including in the editor and/or in templates offered to the Users) certain content such as pictures, fonts, graphical items, which are subject to proprietary rights of third parties ("Third Party Content"). You acknowledge and agree that SCANAD shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the SCANAD CMS and/or disable access to such Third Party Content; or (ii) demand that you immediately remove such Third Party Content from any website or other web platform created and/or published by you on the SCANAD CMS ("Your SCANAD Content"). If you do not obey to such instructions, and you do not remove the Third Party Content from Your SCANAD Content within no later than 24 hours from the time on which SCANAD provided you the relevant notice, SCANAD SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR SCANAD CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO SCANAD, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU TO SCANAD.
To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Users on the WEBSITE and which SCANAD requires its removal for any reason.
You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any SCANAD service, technology, Intellectual properties, business applications in a manner that enables Users audio or visually recognize your media assets or link them to mobile dynamic or non dynamic Content pages; (ii) not make any modification, duplicate, distribute, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by SCANAD; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the SCANAD CMS and as may be updated from time to time.
8. Online Sharing through Third Party Services
SCANAD enables you to share your creations and/or User Content (as defined below) through third party websites, (eg Facebook). When sharing your creations by Scan auto post through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.
9. Third Party Services
You are fully aware of the fact that SCANAD shall not have any responsibility or liability with regard to any third party services used by you on or through your SCANAD formed web, mobile web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of SCANAD.
A. General: SCANAD may offer its Users through the Website (including as part of SCANAD USER PAGE templates offered by SCANAD and as part of the offering in the SCANAD Application Market located on APPSTORE and GOOGLE PLAY STORE the "App Market") various SCANAD USER PAGE format, software and professional services that can be used in conjunction with or as part of the USER SCANAD PAGE created by Users ("Applications"). Applications may be provided and operated by SCANAD or by third-parties not affiliated with SCANAD. The provider of each Application is clearly identified in the SCANAD WEBSITE or, in event of Application embedded into SCANAD USER PAGE templates, can be easily identified by the Users. You agree that SCANAD is not responsible for any Application that is offered by any source other than SCANAD.
Additionally, some Applications may be made available to Users at no charge while the use of other Applications or certain features or abilities of Applications may require payment. The purchase and/or the use of Applications are offered only to SCANAD Users. Accordingly, if You are not registered as a SCANAD User or if your SCANAD account has been suspended, you will not be able to purchase or use Applications.
Applications may be provided to Users by SCANAD as an integral part of a template offered on the SCANAD Website. In such event, the User using such template shall be notified in a manner determined by SCANAD that it includes a third party Application and that the use of such template may require the purchase of such Application and/or consent to terms and conditions determined by the provider of the Application. CUSTOM APPLICATION can be request by SCANAD USER to SCANAD via the Custom request link placed in USER CMS. CUSTOM Application shall be quote and invoiced to USER appoint acceptance of DEVELOPMENT APPLICATION PROPOSAL.
B. Availability of Applications: SCANAD shall have the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily discontinue the availability of any Application (or of any features or components thereof). You agree that in such event SCANAD shall have the right, in addition to the discontinuation of the offering of such Application to remotely remove such Application from Your SCANAD Content at its sole discretion. In such event, You shall have no claims towards SCANAD as result of any loses of data or other content.
C. Terms of Application Purchase: The terms for the purchase of an Application shall be as determined by the provider of such Application (SCANAD or a third party) as provided on the SCANAD Website including in the App Market (the "App Terms"). By purchasing and/or downloading and Application YOU agree to be bound by and to abide by the App Terms of such Application. You agree that YOU are solely responsible for all fees associated with purchases of any Applications according to the respective App Terms. You agree to use the Applications only for purposes that are permitted by (a) the App Terms and (b) any applicable laws and regulations.
D. Ownership of Rights: SCANAD or third parties providing Applications shall own all right, title and interest in and to the App Market and the Applications offered to Users, including without limitation all applicable Intellectual Property Rights in the Applications.
11. Fees and Payment
Services offered on the SCANAD Website require payment of fees ("Charged Services"). If you use the SCANAD smartpage so call landing page and any SCANAD mobile engagement format created on the SCANAD website (coupon page, form, loyalty points, game quiz…), you shall pay all applicable fees, as described on the Website UNDER YOUR SCANAD CMS ACCOUNT in connection with such Charged Services selected by you and in connection to the # of SCAN trigger and / or Click trigger. SCANAD reserves the right to change its prices at any time. You authorize SCANAD directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
Please note that according to internal agreements, BOOSST GROUP LIMITED. (SCANAD's wholly owned subsidiary) is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to SCANAD.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If SCANAD does not receive a request by the user, through the managed premium section under SCANAD Website, for Charged Services termination you acknowledge and understand that SCANAD will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. SCANAD expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, SOME SERVICES MAY OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION SCANAD WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH SCANAD AT SCANAD’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS SCANAD IN RELATION TO THE DISCONTIUATION OF THE SERVICES.
12. Ownership of Content
SCANAD does not have the ability to determine the actual owner of content created and/or uploaded to the SCANAD USER PAGES and SCANAD WEBSITE/CMS. Accordingly:
(i) in respect to content (such as websites, webpages, video link, images, logo…) created and/or uploaded to the SCANAD CMS by a User, the owner of such content shall be considered as the SCANAD USER listed as the owner of the SCANAD account under which the content has been created or uploaded to the SCANAD WEBSITE and CMS
(ii) in respect to SCANAD USER PAGES created on SCANAD's CMS and which have been saved and link to INAUDIBLE SOUND WAVE, AUDIBLE SOUND TRACK or IMAGE, SCANAD shall consider the owner of such SCANAD USER PAGE as the person or entity registered as the owner of the SCANAD USER PAGE.
SCANAD shall not provide any information and/or details regarding any content created or uploaded to the SCANAD CMS other than to the owners of such content as determined above.
13. Cancellation & Money Back
The SCANAD Charged Services are provided on a fee per service and prepay service basis. SCANAD users may decide to discontinue their use of any Prepaid Service Charged at any time. Such cancellation is done by the users themselves on the SCANAD WEBSITE and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the SCANAD WEBSITE.
SCANAD will only refund you according to its Money Back Guaranty Policy. SCANAD offers a 14-day money back guaranty ("Guaranty Period"). In case you are not satisfied with any Prepay Service Charged you have acquired and you have provided a cancellation notice, you can submit a refund request in accordance with our Money Back Guaranty Policy, as may be amended from time to time, within the Guaranty Period in order to receive either partial or full refund. SCANAD will not refund any amounts paid that have been consumed as CTA fee (call to action fee) or Scan Fee after or during the elapse of the Guaranty Period.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE SCANAD WEBSITE (INCLUDING PURCHASE OF ENCODING) MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. SCANAD WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
14. Intellectual Property Rights
The Content on the SCANAD Website (as defined above), except for all USER SCANAD PAGES Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, SCANAD uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the SCANAD WEBSITE and SCANAD CMS is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a SCANAD document). SCANAD reserves all rights not expressly granted in and to the SCANAD WEBSITE and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the SCANAD WEBSITE for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the SCANAD WEBSITE and SCANAD CMS or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SCANAD Website or any of the Content therein.
15. User Content
A. The SCANAD WEBSITE and SCANAD CMS permits the submission and uploading of Content submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, SCANAD does not guarantee any protection with respect to such User Content.
B. YOU UNDERSTAND THAT ALL USER CONTENT IS UNDER THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT SCANAD, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. SCANAD DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
C. WHILE SCANAD IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER CONTENT, SCANAD RESERVES THE RIGHT TO DELETE ANY SUCH USER CONTENT THAT SCANAD DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.
D. SCANAD does not claim any intellectual property rights over the User Content and any such Content shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the SCANAD website. With respect to Content you submit or make available for inclusion on publicly accessible areas of the SCANAD Website, the Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on such publicly accessible areas of the SCANAD Website and Service, and might also be accessible from other websites. With respect to Content you submit or make available for editing by other users of the SCANAD Website, the uploading of such Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the SCANAD Website and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Content (either by the user or by SCANAD).
E. IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT SCANAD AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE SCANAD OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) IMPERSONATE ANOTHER PERSON.
If you become aware of misuse of the SCANAD Services by any person, please contact SCANAD (according to the contact information in Section 24 below) or by email to:
SCANAD does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and SCANAD expressly disclaims any and all liability in connection with User Content.
F. COPYRIGHT. SCANAD DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE AND SCANAD USER PAGES, AND SCANAD WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS.
SCANAD respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA"). If you believe that your work has been copied in a way that infringes your copyrights, please email us at info@ScanAd.tv and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.
The details of the SCANAD Copyright Infringement Agent nominated according to the provisions of the DMCA, can be found at the website of the US Copyrights Office – at http://www.copyright.gov/onlinesp/list/a_agents.html.
G. You understand that when using the SCANAD Website, you will be exposed to User Content from a variety of sources, and that SCANAD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SCANAD with respect thereto (if any), and agree to indemnify and hold SCANAD, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
16. Additional Prohibited Uses
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the SCANAD website. You agree to immediately notify SCANAD in writing of any unauthorized uses of your account or any other breaches of security. SCANAD cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will SCANAD be liable, in any way, for any acts or omissions by any SCANAD User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
18. Warranty Disclaimer & Limitation of Liability
A. YOU AGREE THAT YOUR USE OF THE SCANAD WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SCANAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SCANAD WEBSITE, SCANAD APPLICATION, AND YOUR USE THEREOF. SCANAD MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SCANAD WEBSITE OR THE CONTENT OF ANY SCANAD USER PAGES LINKED TO THE SCANAD WEBSITE AND TO MEDIA FILES AUDIO OR IMAGE.B. IN NO EVENT SHALL SCANAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 SCANAD WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.C. YOU SPECIFICALLY ACKNOWLEDGE THAT SCANAD 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.D. SCANAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SCANAD USER PAGES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SCANAD 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.E. SCANAD DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.F. SCANAD MAKES NO REPRESENTATIONS THAT THE SCANAD WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE SCANAD WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
20. Events Beyond Control
Under no circumstances shall SCANAD be held liable for any delay or failure in this SCANAD WEBSITE AND SCANAD USER PAGES and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of SCANAD, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
By registering to the SCANAD Website and providing your email address, you expressly agree to receive promotional content from SCANAD, by mail or email, from time to time. If you provide SCANAD with your phone number (at any stage of use of the Services), SCANAD shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify SCANAD at any time.
23. BETA Test Warning
Please note that the SCANAD Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.
24. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below:
1. Send an email message to email@example.com
2. By Phone: 1-800-SCANAD (1-800-722 623) during normal business hours (Monday - Friday between, 10AM - 5PM HKT)
3. Send us a letter to: SCANAD.tv Level 19, Two International Finance Centre, 8 Finance Street, Central, Hong Kong