TERMS OF SERVICE
Last updated on: 08/06/2020
Scopedive, Inc provides Battleship and its related services ("Service") subject to your compliance with the terms and conditions ("Terms of Service") set forth below.
AGREEMENT TO TERMS
Welcome to Battleship! Battleship is a website and service created and maintained by Scopedive, Inc., a Delaware stock corporation (“Scopedive”). To make these terms of service (the “Terms”) easier to read, we will sometimes refer to Scopedive (including our directors, officers, members, managers, employees, service providers, affiliates, successors, and assigns) as “our”, “we”, or “us”, and we will refer to user(s) of the Service (including you) as “you” or “User(s)”.
These Terms apply when you access or use the Battleship website located at https://battleshipsecurity.com (the “Site”, a component of the Service), or in any way use or access any other components or features of the Service, if any and when available.
Certain portions of these Terms apply differently depending on how you use the Service. Throughout these Terms, we will clarify those portions that apply to Users who are using the Service as an individual or agency that provides cybersecurity services (each an “Expert,” collectively, “Experts,” and the services they provide, “Expert Services”) and those portions that apply to Users who are using the Service to acquire Expert Services (each a “Client,” collectively, the “Clients”).
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.
By submitting a telephone number to Scopedive, you agree that a representative of Scopedive can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.
We take commercially reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.
Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues but shall not be obliged to do so.
ABOUT THE SERVICE
The “Service” Scopedive provides includes the Battleship Site, a web-based platform that connects Clients with Experts, as well as Battleship Academy, an online learning platform. Clients may utilize the web-based platform to express cybersecurity needs, which Scopedive uses to identify appropriate Experts. Scopedive presents the Client with suggested Experts, who the Client may then choose to select for its need. Each time a Client expresses a need for Expert Services is considered individually to be (a “Project”). The Service also includes all tools, features, and services provided and/or made available through the Site, as well all Battleship Content (as defined below) provided and/or made available through the Site.
In order to sign up and use the Service, whether as a Client or as an Expert, you will create a personalized account (“Account”), which includes a unique username and a password. You agree to notify us immediately of any unauthorized use of your password and/or Account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password, and/or Account.
ELIGIBILITY & USER REPRESENTATIONS
The Service is intended for users who are at least 18 years old. You must be at least 18 years old to register for an Account and to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Scopedive and meet all of the eligibility requirements in these Terms. IF YOU DO NOT MEET ALL OF THE ELIGIBILITY REQUIREMENTS IN THESE TERMS, YOU SHALL NOT ACCESS OR USE THE SERVICE.
By using the Service, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) if you use the Service on behalf of a company or other legal entity, you have the authority to act on behalf of such entity and its affiliates; (4) you will not access the Service through automated or nonhuman means, whether through a bot, script, or otherwise; (5) you will not use the Service for any illegal or unauthorized purpose; and (6) your use of the Service will not violate any applicable law or regulation.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation that would subject us to any registration requirement within such jurisdiction or country. Accordingly, any User who chooses to access the Service from other locations does so on their own initiative and is solely responsible for compliance with local laws, if and to the extent local laws are applicable.
USERS MUST COMPLY WITH APPLICABLE LAWS IN CONNECTION WITH USING THE SERVICE
You are solely responsible to ensure that all content you create, upload, modify, or otherwise use in connection with the Service is accurate, authorized for use in connection with the Service, is not used in violation of any intellectual property rights or other proprietary rights of others, and complies with all applicable laws and regulations. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you upload or otherwise use in connection with the Service, or you have all rights, licenses, consents, and releases that are necessary for use in connection with the Service as contemplated under these Terms and (ii) neither the content posted or otherwise used by you in connection with the Service, nor Scopedive’s use of the content (or any portion thereof) will infringe, misappropriate, or otherwise violate a third-party’s rights of any kind, or result in the violation of any applicable law or regulation. You acknowledge and agree that Scopedive shall not be responsible to you or any third-party for any claims, liabilities, or damages arising from the actual or alleged infringement, misappropriation, or other violation of intellectual property rights, laws, or regulations by any User in connection with the Service.
Scopedive will not tolerate use of the Service by any User to send messages or place phone calls that constitute Spam (as defined below) to any other User, individual, or other entity. Notwithstanding anything else in these Terms, all Users agree to not send Spam in connection with using the Service or in connection with any information or data obtained through the Service. Any User who sends Spam may be suspended and terminated, and Scopedive may participate in the prosecution of those who send Spam. For the avoidance of doubt, we consider “Spam” to mean any text message or phone call that (i) is for the principal purpose of promoting the sale of goods or services, including the content of a website which is operated on a commercial basis, or (ii) is for the principal purpose of promoting a political purpose or objective, or (iii) contains advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or any other item (tangible or intangible) of a commercial purpose. Spam does not include a text message or phone call that is sent to an individual or entity with whom the User has a pre-existing relationship; who has consented to receive phone calls and/or text messages in connection with business transactions related to such pre-existing relationship; and which are sent only in relation to and to the extent necessary or consented to by such individual or entity in connection with and to facilitate such business transactions.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.
You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.
CALCULATION AND PAYMENT OF FEES
Clients will be required to pay a fee for the use of the Services (“Client Fees”). The Client Fees may, for example, be structured as one time payments, monthly, quarterly, annual fees, or standard rates on all transactions. Scopedive provides these examples for reference only, and retains full discretion to reduce or expand the possible structures for Client Fees. If we change the structure or amount of Client Fees to be charged for the Service, we will make reasonable efforts to provide notice to existing Clients of any changes. You agree to pay all applicable Client Fees set forth on any Scopedive transactional document, and as otherwise set forth by these Terms. You acknowledge and agree that if you fail to pay the Client Fees when due, your Client Account may be suspended, and you may be denied access to the Service. If applicable, client subscriptions will automatically renew immediately prior to expiration, unless the Client Account settings are changed to prevent automatic renewal, such as by selecting a temporary hold or termination. It is understood that Account changes of this nature may incur additional fees or charges.
Clients shall agree to a transactional document which may take the form of an order, statement of work, or other document agreed to in writing by the parties which includes a description of the Services to be provided, quantities, pricing, and any other additional terms agreed to by the parties.
As part of engaging in a project, Experts will receive a payment from Scopedive. Experts will be informed about the size of this payment before work begins. Experts will not receive additional payment other than the stated amount unless Scopedive agrees to it. Payments for Expert services will be paid within a period (Determined by Scopedive) after the services have been completed or upon a milestone payment agreement.
Each User must create an account, and select a subscription option if applicable by entering your desired payment method information as prompted (“Payment Account”). In the event that a User has no immediate payment requirement, such as the creation of an Expert Account, the User must still provide Payment Account Information, if requested.
All Users hereby authorize:
- Scopedive and/or any other company who bills products or services, or acts as billing agent for Scopedive (“Billing Agent”) to charge and/or place a hold on your Payment Account for any unpaid charges related to your use of the Site;
- the party that issued your Payment Account to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer to pay all such amounts.
- Scopedive and/or its Billing Agent to continue to attempt to charge your Payment Account all amounts described herein, or any portion thereof, until such amounts are paid in full.
- Scopedive and/or its Billing Agent to bill you on each renewal of your Client subscription, if applicable.
If the Payment Account on file is declined or otherwise rejected for any fee or subscription charge, the User shall have 7 days to provide updated information and payment. Failure to rectify within the 7-day grace period may, at the discretion of Scopedive, result in termination of your Account without a refund for any remaining time on a subscription or other service. If a User wishes to reactivate their Account after deactivation from failure to pay a late fee, they will be required to satisfy all debts owed to Scopedive and Clients and if applicable, will be required to purchase a new Client Account at the then current rate.
PAYMENT PROCESSING PRACTICES
You understand and agree that you are solely responsible for payment of Client Fees associated with your Account if you are a Client. Similarly, and you are solely responsible for payment of Expert Fees associated with your Account if you are an Expert, if applicable. Similarly, you understand and agree that you are solely responsible for the accuracy of any and all information and data that you provide to us through the Service, including information that is pertinent to the computation of Expert Fees.
We use third-party intermediaries to manage credit card processing. The payment processing intermediaries may store, retain, or use credit card and other billing information to process orders in connection with the Service. Scopedive will make reasonable efforts to maintain the confidentiality of all credit card and any payment information that is submitted by you and/or processed through the Service. However, we cannot control the actions of all Clients, Experts, and/or third-party intermediaries, and we cannot guard against or prevent all possible breaches of our systems by third parties who may attempt to gain access to the Service through unauthorized and/or illegal methods. Scopedive shall not be liable to any User or any third party for any loss, damage, misuse, or unauthorized access of any information contained in or related to any User’s Account, including credit card information and personal information of any Clients or Experts, even if Scopedive has been advised of the possibility of such liability.
Users acknowledge and agree that a substantial portion, if not all, of the compensation Scopedive receives is collected through Expert Fees (as defined in “CALCULATION AND PAYMENT OF FEES” section above). For this reason, Clients and Users are subject to the “Non-Circumvention Period”, which shall be the later of (a) 24 months from the date that Scopedive connected the Expert and the Client, and (b) 12 months from the completion date of the most recently completed Project. During the Non-Circumvention Period, the Client and the Expert may not engage each other professionally outside of the Site. In the event that an Expert and a Client had a preexisting relationship prior to their use of the Site, as evidenced by supporting documentation, the Users may engage each other outside of the Site during the Non-Circumvention Period.
Users agree to notify Scopedive immediately if another User, either Client or Expert, is in violation or believed to be in violation of this “NON-CIRCUMVENTION” Section.
Users agree that if this Section is violated, Scopedive will suffer harm that will be difficult to calculate. Accordingly, Users agree to pay a fee to Scopedive for the release of User liability (the “Expert Discovery Fee”), which Users agree is a reasonable representation of the damages Scopedive will suffer as a result of such breach. In addition, Scopedive may seek equitable relief without having to post bond or prove damages.
The Expert Discovery Fee is computed as follows:
The greatest of:
- a portion of the Expert’s income derived from a relationship with the Client:
- If the Expert is retained as an employee by the Client, then 20% of the Expert’s annual salary;
- If the Expert is retained as an independent contractor by the Client, then 20% of the Expert’s annualized compensation based on a 2000 hour work year; or
- all estimated Expert Fees during the Non-Circumvention Period that would be paid to Scopedive during the Non-Circumvention Period, based on the Project most recently completed by the Expert, and if none, by the Client.
In connection with performance of the Expert Services, either Experts or Users may discover, have access to, or otherwise learn or come to know, (the “Receiving Party”) commercially-valuable information owned by, created by, developed by, or otherwise known to, the other party (the “Disclosing Party”) that is proprietary, confidential, or both (“Proprietary Information”). By way of example, Proprietary Information includes, without limitation, the following information and materials, whether disclosed in writing, orally, visually, or in any other manner , and whether or not marked as “confidential”: (a) information and materials relating to research, product plans, and existing and future services and products of the Disclosing Party; (b) information and materials relating to software and intellectual property owned, licensed or utilized by the Disclosing Party, including copyrights, patents, and trade secrets; (c) information and materials relating to customers, and customer lists of the Disclosing Party; (d) information and materials relating to vendors, distributors, suppliers, contractors, consultants, independent contractors, affiliates, licensors, and licensees of the Disclosing Party; (e) information and materials relating to markets, processes, business methods and models, marketing plans, finances, pricing strategies, and compensation of employees and agents; and (f) any other information that derives economic value, either directly or indirectly, from being confidential or proprietary to, the Disclosing Party.
Experts and Users acknowledge and agree that:
- the Receiving Party shall keep in strict confidence and in safe custody all Proprietary Information of the Disclosing Party using the same degree of care it uses to protect its own
Proprietary Information and in no event less than a reasonable degree of care and shall not disclose, lecture upon or publish any such Proprietary Information, except as, and only to the extent that, such disclosure is expressly permitted by the terms herein, or unless the Disclosing Party has expressly authorized such disclosure in writing;
- the Receiving Party shall not use or exploit any Proprietary Information of the Disclosing Party other than in connection with, and for the purpose of, the performance or receipt of the Expert Services (the “Purpose”);
- the Receiving Party shall not copy or reproduce any Proprietary Information of the Disclosing Party except as is reasonably necessary in connection with the Purpose;
- the Receiving Party shall not distribute, disclose, or disseminate any Proprietary Information of the Disclosing Party except to its employees, contractors, and agents who have a reasonable need to know such Proprietary Information in connection with the Purpose and provided that each such contractor or agent has executed a written agreement, agreeing to maintain the confidentiality of such Proprietary Information in accordance with the terms herein; and
- the Receiving Party shall return all Proprietary Information and destroy any documents containing Proprietary Information with written notification to Disclosing Party upon the earlier of the Disclosing Party’s written notice or expiration or termination of the Expert Services.
For the purposes herein, “Proprietary Information” will not include: (a) information which, at the time of its disclosure by the Disclosing Party, the Receiving Party can show as a matter of record that it already knew or lawfully possessed, provided that such knowledge or possession was not a result of a breach of confidentiality by any third party owing an obligation of confidence to the Disclosing Party; (b) information which at the time of its disclosure by the Disclosing Party was lawfully in the public domain other than as a result of a breach of confidentiality or other unlawful or tortious act of the Receiving Party, or any third party; (c) information which, subsequent to disclosure to Receiving Party by Disclosing Party, enters the public domain other than through the act or fault of Receiving Party or any other party owing an obligation of confidence to the Disclosing Party with respect to such Proprietary Information; (d) information which the Receiving Party acquired from a third party which was not itself under an obligation to Disclosing Party not to disclose; (e) information subsequently independently developed by the Receiving Party without reference to any Proprietary Information of the Disclosing Party; and (f) information that the Receiving Party is or may be required to disclose by requirement of a government agency, order of a court of competent jurisdiction, or by operation of law, subject to prior consultation with the Disclosing Party to enable the Disclosing Party to seek a protective order. Experts and Users further understand that, in accordance with the Defend Trade Secrets Act of 2016, the Receiving Party will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a Disclosing Party’s trade secret that is made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law, or is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. Experts and Users further understand that if a Receiving Party files a lawsuit for retaliation for reporting a suspected violation of law, Receiving Party may disclose the Disclosing Party’s trade secrets to his, her, their, or its attorney and use the trade secret information in the court proceeding if any document containing the trade secret is filed under seal and Receiving Party does not disclose the trade secret, except pursuant to court order.
OUR INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Service, and all rights title and interest in and to the intellectual property and other proprietary rights underlying the Service, is proprietary to and owned by Scopedive, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service and the trademarks, service marks, and logos contained therein (collectively, the “Scopedive Content”) are owned or controlled by Scopedive or our third party licensors, and are protected by copyright, patent, trade secret and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Scopedive Content is provided on the Service “AS IS” for your information and your use only as specifically allowed by these Terms. Except as expressly provided in these Terms, no part of the Service, and no Scopedive Content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you under these Terms in and to the Service and the Scopedive Content.
LICENSE TO USE THE SERVICE
Subject to your strict compliance with these Terms, we hereby grant you a limited, revocable, non-sublicenseable, non-transferable, and non-exclusive license to access and use this Service and the material herein for your limited and personal, access and use in accordance with these Terms. Unless explicitly stated otherwise, any new features we provide that add to or enhance the current Services shall also constitute the “Service” and shall be subject to these Terms.
We reserve the right to refuse service to anyone for any reason at any time, except in violation of applicable law. We may, in our sole discretion, terminate your right to use the Service, and the license provided herein if applicable, with or without cause at any time, and may prevent your future use of the Service. Upon termination of these Terms or our termination of your right to use the Service, the license granted hereunder shall also terminate and you shall immediately cease using the Service.
If you use the Service, your obligation to pay accrued charges and Client Fees or Expert Fees shall survive any termination of your use of the Service. In the event of any termination of your use of the Service, your Account may be suspended and/or deleted. The limitations on your use of the Service, including but not limited to with respect to Proprietary Information and our intellectual property rights, shall survive such termination, and you agree to be bound by those terms. All provisions which by their nature should survive your termination of use of the Service, or our termination of your use of the Service, will survive, including, without limitation, Non-Circumvention, Proprietary Information, and Our Intellectual Property Rights. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically authorized hereunder or otherwise endorsed or approved by us.
As a User of the Service, you agree not to:
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms.
- Use the Service to process data on behalf of any third party without such third parties’ consent.
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, spamming, or creating user Accounts by automated means or under false pretenses.
- Circumvent, bypass, disable, or otherwise interfere with security related features of the Service, including features that prevent or restrict the use or copying of any Scopedive Content or enforce limitations on the use of the Service and/or the Scopedive Content.
- Use any other User’s Account to process orders and/or obtain sensitive Account information of other Users.
- Copy or adapt the Service’s software, or engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
- Use the Service or any information obtained from the Service in order to harass, abuse, or harm another person.
- Use the Service as part of any effort to compete with us to our commercial disadvantage or otherwise use the Service and/or the Scopedive Content for any revenue generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the technology or software comprising or in any way making up a part of the Service.
- Delete the copyright, trademark, or other proprietary rights notice from any Scopedive Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that makes automated use of the Service or interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Use the Service in a manner inconsistent with any applicable laws or regulations.
OUR RIGHTS TO MONITOR AND MANAGE THE SERVICE
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your Account, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
You may have the ability to use the Service to interact with other Users. That means you may at times contribute to or participate in, discussions, directories, message boards, online forums, and other interactive features, and you may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, to other Users, or on the Site generally, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions (individually and collectively, the “User Content”).
User Content will be viewable at the discretion of Scopedive. In the event Scopedive allows User Content to be viewed by other Users of the Service, any User Content you post or transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Content, you represent and warrant that:
- The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your User Content does not and will not infringe, misappropriate or otherwise violate the proprietary rights, including, but not limited to, the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of your User Content, or you have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other Users to use your User Content in any manner contemplated by the Service and these Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by the Service and these Terms.
- Your User Content is not false or misleading.
- Your User Content is not unsolicited or unauthorized advertising, promotional materials, spam, mass mailings, or other forms of solicitation.
- Your User Content does not slander, disparage, intimidate, or abuse anyone.
- Your Content does not violate any applicable law, regulation, or rule.
- Your Content does not violate the privacy or publicity rights of any third party.
- Your Content does not otherwise violate, or link to material that violates, any provision of these Terms.
Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service. We are not liable for any statements or representations in your User Content provided by you in any area on the Site or app or provided to us through your use of the Service. You are solely responsible for your User Content, and you expressly agree to defend, indemnify, and hold us, our officers, directors, shareholders, employees, agents, and affiliates harmless from any and all responsibility and to refrain from any legal action against us regarding your User Content. You further acknowledge and agree that we will not be responsible for any claims, liabilities, or damages arising from the actual or alleged infringement , misappropriation or other or violation of intellectual property rights, laws, or regulations by any User in connection with the Service or in connection with any User Content.
REMOVAL OF USER CONTENT
SCOPEDIVE IS UNDER NO OBLIGATION TO POST OR USE ANY USER CONTENT, AND WE MAY REMOVE USER CONTENT THAT, IN OUR SOLE DISCRETION, VIOLATES THESE TERMS AT ANY TIME AND FOR ANY REASON.
We respect the intellectual property rights of others. If you believe that any material or content available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. We will respond to all notices of alleged copyright infringement that comply with applicable law and these Terms. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that you may be held liable for damages pursuant to federal law if you make material misrepresentations in a notification. If you are not sure that material located on or linked to by the Service infringes your copyright, you should consider contacting an attorney first.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
If you are a copyright owner or an agent thereof and believe that any material available on the Service infringes upon your copyrights, you may submit a notification of claimed infringement ("Notification") pursuant to the Digital Millennium Copyright Act ("DMCA") by sending the following information in writing to our designated copyright agent at firstname.lastname@example.org.
All Notifications must include the following (see 17 U.S.C § 512(c)(3) for further details):
● The date of your notification;
● A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● 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;
● 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 Scopedive to locate the material;
● Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
● A statement that the complaining party has 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
● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
COPYRIGHT COUNTERNOTICE PROCEDURE
If you believe that material you posted to the Service that was removed (or to which access was disabled) as a result of a Notification is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a written counter notification ("Counter Notification") to the Copyright Agent containing the information at email@example.com.
Please also note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability for damages.
All Counter Notifications must contain the following (see 17 U.S.C. § 512(g)(3)) for further details):
● Your physical or electronic signature;
● Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
● A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
● Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the District in which the address you list is located, or if that address is located outside of the United States, for U.S. District Court located in Wake County, North Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
Upon receipt of a Notification or Counter Notification, Scopedive will comply with the applicable procedures set forth in 17 U.S.C. § 512. Pursuant to 17 U.S.C. § 512(i)(1)(A), it is Scopedive’s policy to terminate, in appropriate circumstances, user account holders who are repeat infringers.
If a counternotice is received by us, we may send a copy of the counternotice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at our sole discretion.
THIRDPARTY WEBSITES AND CONTENT
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, revise, update, suspend, discontinue, or remove any features or portions of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information or features available in connection with the Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We may encounter unexpected technical problems or need to conduct maintenance related to the Service, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection with the Service.
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles. Further, any such claim or cause of action must exclusively be brought in the state or federal courts located in the Wake County, North Carolina, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of the State of North Carolina as your agent for service of process. You agree to waive any objection that the state or federal courts of the Wake County, North Carolina are an inconvenient forum.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT THIS PROVISION AFFECTS YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA Rules or applicable law, the arbitration will take place in Wake County, North Carolina. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Wake County, North Carolina, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Site or Service be commenced more than (one) 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that any claim for injunctive relief is not subject to the above provisions concerning binding arbitration. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, SCOPEDIVE CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION 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 ANY 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.
SUBJECT TO APPLICABLE LAW AND AS FURTHER PROVIDED IN THESE TERMS, SCOPEDIVE IS NOT AND SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SCOPEDIVE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS FROM, ANY AND ALL LOSS, DAMAGE, HARM, INJURY, OR CLAIMS THAT ARISE FROM OR ARE RELATED TO USER INTERACTIONS, ENGAGEMENTS, OR OTHER USE OF THE SITE, THE SERVICE, OR BOTH.
Although scopedive gathers User information AND makes effortS to confirm such User information is correct, accurate, complete, and not misleading, it is unable to verify such information. While Scopedive refers to some Users as “Experts”, this term is not meant to convey the quality of a User’s qualifications or credentials.
YOU ACKNOWLEDGE THAT SCOPEDIVE IS INDEPENDENT OF ALL CLIENTS AND EXPERTS WHICH MAY MAKE USE OF THE SERVICE AT ANY GIVEN TIME, AND SCOPEDIVE DOES NOT ACT ON BEHALF OF OR REPRESENT ANY USER IN CONNECTION WITH THE SERVICE. SCOPEDIVE MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY CLIENT OR EXPERT OR ANY INTERACTION OR TRANSACTION BETWEEN ANY USER, CLIENT OR EXPERT, REGARDLESS OF USE OF THE SERVICE BY ANY USER, CLIENT OR EXPERT. YOU SHOULD PROTECT YOURSELF AT ALL TIMES, USE YOUR BEST JUDGEMENT AND TAKE GREAT SAFETY PRECAUTIONS WHEN MEETING OR INTERACTING WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND ANY INTERACTION YOU HAVE WITH ANY OTHER USER.
ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER IS TO BE RESOLVED BY YOU AND SUCH USER. SCOPEDIVE HAS NO RESPONSIBILITY TO RESOLVE ANY USER DISPUTE AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH USER DISPUTE. AS SUCH, YOU HEREBY RELEASE SCOPEDIVE FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, AND LOSSES OF EVERY KIND ARISING FROM ANY USER DISPUTE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL SCOPEDIVE OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE ONE-YEAR PERIOD IMMEDIATELY PRIOR TO THE ACCRUAL OF THE CLAIM(S). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; SO, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold Scopedive harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, shareholders, directors, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable expert witness and attorneys’ fees and expenses, due to or arising out of: (1) your use of the Service; (2) our use of the information you provide (3) your breach of these Terms; (4) your breach of any of your representations and warranties or covenants set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights, with respect to your Feedback, User Content or otherwise; (6) any use of your Account, whether authorized or unauthorized; (7) violation of your rights by a third party, including but not limited to intellectual property rights; (8) your disputes with other Users; (9) any other User’s acts or omissions as they relate to you; or (10) your violation of any law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact using the contact information below.
Our full details are:
Legal entity: Scopedive, Inc., DBA Battleship
Email address: firstname.lastname@example.org
555 Fayetteville Street
Raleigh NC, 27601
Phone: 919-375 6969