Last Updated Date: 17 February 2021
These Terms are between you and Fandom Connect Pty Ltd and its Affiliates (referred to as We, Our or Us).
These are the terms on which We permit Users (referred to as You or Your) to:
(a) access and use Our website at https://www.scorz.com.au (Website) including using the services and functionality made available through the Website;
(b) view and interact with any content, Information, communications, advice, text or other material provided by Us or Our Related Entities on the Website (Scorz Content); and
(c) communicate with Us.
You agree to be bound by these Terms when you use, browse or access any part of the Website.
The Website is subject to change at any time without notice and may contain errors. We may from time to time review and update these Terms including to take account of new Laws, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, You agree to be bound by the most recent Terms.
1. Definitions and Interpretation
ACL means Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Affiliate of a party means any entity, whether incorporated or not, that Controls, is Controlled by, or is under common Control with such party.
Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in the State of Victoria, Australia.
Claim includes a claim, notice, demand, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award or loss, whether based in contract, civil, common law, tort (including negligence) or statute and whether involving a Party, Third Party or otherwise.
Control, Controls or Controlled means the ability, whether directly or indirectly, to direct the affairs of another by means of ownership, contract or otherwise.
Disclosing Party means the Party to whom Information belongs or relates.
Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental or judicial body, entity, department or authority and includes any self-regulatory organisation established under statute in the relevant jurisdiction.
Information means any information, whether oral, graphic, electronic, written or in any other form, including:
(a) forms, memoranda, letters, specifications, processes, procedures, statements, formulae, technology, inventions, trade secrets, research and development information, know-how, designs, plans, photographs, microfiche, business records, notes, accounting procedures or financial information, sales and marketing information, names and details of customers, suppliers and agents, employee details, reports, drawings and data;
(c) copies and extracts made of or from that information and data, whether translated from the original form, recompiled, partially copied, modified, updated or otherwise altered; and
(d) samples or specimens disclosed by either party.
Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
(a) patents, inventions, designs, copyright, trade marks, brand names, product names, domain names, database rights, rights in circuit layouts, plant breeder's rights, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
(b) any application or right to apply for registration of any of these rights;
(c) any registration of any of those rights or any registration of any application referred to in paragraph (b); and
(d) all renewals, divisions and extensions of these rights.
(a) principles of law or equity established by decisions of courts;
(b) statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency; and
(c) requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that has the force of law.
Loss means any loss, damage, cost or expense.
Party means you or Us.
Personal Information means Information or an opinion (including Information or an opinion forming part of a database), whether true or not, and whether recorded in a material form, electronic form or otherwise, about an identified individual or an individual who is reasonably identifiable, and includes anything that is defined as personal information or as sensitive information in the relevant Privacy Laws.
Privacy Law means any applicable Law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body which relates to privacy or health Information, including without limitation the Privacy Act 1988 (Cth) and the Australian Privacy Principles under that Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and any Australian (including State or Territory) legislation from time to time in force which relates to or affects privacy rights or Personal Information.
Related Entity has the meaning given to that term in the Corporations Act 2001 (Cth).
Terms means these agreed terms.
Third Party means any party other than Us or you.
User means any person who access and uses the Website or Scorz Content.
In these Terms, unless the context requires otherwise:
the singular includes the plural and vice versa;
a gender includes the other genders;
the headings are used for convenience only and do not affect the interpretation of these Terms;
other grammatical forms of defined words or expressions have corresponding meanings;
a reference to a document includes the document as modified from time to time and any document replacing it;
a reference to a party is to a party to these Terms and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
if something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day;
the word "person" includes a natural person, partnership, body corporate, association, governmental or local authority, agency and any other body or entity whether incorporated or not;
the word "month" means calendar month and the word "year" means 12 months;
the words "in writing" include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient;
a reference to a thing includes a part of that thing;
a reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, reenacted or replaced from time to time;
wherever "include", "for example" or any form of those words or similar expressions is used, it must be construed as if it were followed by "(without being limited to)";
money amounts are stated in Australian currency unless otherwise specified;
a reference to time is to Melbourne, Australia time;
a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body that performs most closely the functions of the defunct body;
any agreement, representation, warranty or indemnity in favour of two or more parties (whether those parties are included in the same defined term or not) is for the benefit of them jointly and severally; and
any agreement, representation, warranty or indemnity by two or more parties (whether those parties are included in the same defined term or not) binds them jointly and severally.
The Application, the Services, and the information and content available in the Application and the Services (each, a “Scorz Property” and, collectively, the “Scorz Properties”) are protected by copyright and other laws throughout the world.
1.3. Application License. Subject to your compliance with the Agreement, Scorz grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store, you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
1.4. Updates. You understand that Scorz Properties are evolving. As a result, Scorz may require you to accept updates to Scorz Properties that you have installed on your computer or mobile device. You acknowledge and agree that Scorz may update Scorz Properties with or without notifying you. You may need to update third-party software from time to time in order to use Scorz Properties.
1.5. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Scorz Properties or any portion of Scorz Properties, (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Scorz Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access Scorz Properties in order to build a similar or competitive application, product or service; (d) except as expressly stated herein, no part of Scorz Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Scorz Properties. Any future release, update or other addition to Scorz Properties shall be subject to the terms of this Agreement. Scorz, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Scorz Property terminates the licenses granted by Scorz pursuant to the Agreement.
2.1. Registering Your Account. In order to access certain features of Scorz Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Application (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Application (each such account, a “Third-Party Account”).
2.2. Access Through a SNS. If you access the Scorz Properties through a SNS as part of the functionality of the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing Scorz to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Scorz and/or grant Scorz access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Scorz to pay any fees or making Scorz subject to any usage limitations imposed by such third-party service providers. By granting Scorz access to any Third-Party Accounts, you understand that Scorz may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Scorz Properties (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through Scorz Properties via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section 3.1) for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Scorz Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Scorz’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Scorz Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND SCORZ DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Scorz makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Scorz is not responsible for any SNS Content.
2.3. Registration Data. In registering an account on the Application, you agree (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least sixteen (16) years old and of legal age to form a binding contract; and (ii) not a person barred from using Scorz Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree (y) to notify Scorz immediately of any unauthorized use of your password or any other breach of security; and (z) to exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Scorz has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Scorz has the right to suspend or terminate your Account and refuse any and all current or future use of Scorz Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use Scorz Properties if you have been previously removed by Scorz, or if you have been previously banned from any of Scorz Properties.
2.5. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account (save in respect of your personal information), and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Scorz.
2.6. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Scorz Properties, including, but not limited to, a mobile device that is suitable to connect with and use Scorz Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Scorz Properties.
3. RESPONSIBILITY FOR CONTENT.
3.1. Types of Content. You acknowledge that all content on or accessible via the Application or Services is the sole responsibility of the individual or entity from whom such content originated. This means that you, and not Scorz, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Registered Users of the Services, and not Scorz, are similarly responsible for all content that you and they Make Available through the Services (“User Content”).
3.2. No Obligation to Pre-Screen Content. You acknowledge that Scorz has no obligation to pre-screen Your Content or any User Content, although Scorz reserves the right in its sole discretion to pre-screen, refuse or remove any such content. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring and acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including, without limitation, chat, text, or voice communications. If Scorz pre-screens, refuses or removes Your Content or User Content, you acknowledge that Scorz will do so for Scorz’s benefit, not yours. Without limiting the foregoing, Scorz shall have the right to remove any content that violates the Agreement or is otherwise objectionable.
3.3. Storage. Unless expressly agreed to by Scorz in writing elsewhere, Scorz has no obligation to store any of Your Content that you Make Available on the Services. Scorz has no responsibility or liability for the deletion or accuracy of any content; the failure to store, transmit or receive transmission of any content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Scorz retains the right to create reasonable limits on its use and storage of content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the App and as otherwise determined by Scorz in its sole discretion.
4.1. Services. Except with respect to Your Content and User Content, you agree that Scorz and its licensors and suppliers own all rights, title and interest in the Services (including but not limited to, any data (including game data), computer code, themes, objects, concepts, artwork, animations, sounds, audiovisual effects, moral rights, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
4.2. Trademarks. Scorz and all related graphics, logos, service marks and trade names used on or in connection with the Services or the Scorz Properties are the trademarks of Scorz and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services or the Scorz Properties are the property of their respective owners.
4.3. Your Content. Scorz does not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in Scorz Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
4.4. License to Your Content. Subject to any applicable account settings that you select, you grant Scorz a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Scorz Properties to you and to our other Registered Users. Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Scorz Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Scorz, are responsible for all of Your Content that you Make Available on or in Scorz Properties.
4.5. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Scorz through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Scorz has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Scorz a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Scorz Properties and/or Scorz’s business.
5. USER CONDUCT.
As a condition of your use of the Services, you agree not to use the Services for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third party to) either take any action or Make Available any Content on or through the Services that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales without Scorz’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of Scorz; (f) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by these Terms; or (g) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services. Notwithstanding the foregoing, you agree to comply with all applicable laws, including all applicable data protection laws.
6. THIRD-PARTY SERVICES.
6.1. Third-Party Websites and Applications. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Scorz. Scorz is not responsible for any Third-Party Websites or Third-Party Applications. Scorz provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave the App, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6.2. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Scorz and not with the App Store. Scorz, not the App Store, is solely responsible for Scorz Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Scorz Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Scorz Property, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
6.3. Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) the Agreement is concluded between you and Scorz only, and not Apple, and (ii) Scorz, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Scorz and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Scorz.
(d) You and Scorz acknowledge that, as between Scorz and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Scorz acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Scorz and Apple, Scorz, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(f) You and Scorz acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
7. FEES AND PURCHASE TERMS.
7.1. Generally. Certain Services may be made available pursuant on a paid basis. In the event you are not accessing any such Services, or a third party has procured access to such Services on your behalf (e.g. paid for by a family member of assisted living community), the remainder of this Section 7 will not apply to you with respect to such Services.
7.2. Payment. If you purchase a Subscription or make any other purchases within the Site (individually, a “Purchase” and collectively, “Purchases”), you acknowledge and agree: (a) to pay all fees or charges associated with such Purchases in accordance with any and all applicable terms whether imposed by Company or the App Store at the time a fee or charge is due and payable; (b) to provide accurate, current and complete payment information in connection with such Purchases; (c) that Company may retain any such payment information, including, but not limited to all Apple Pay, Google Pay or debit and credit card information provided in connection with any In-App Purchase (“Payment Provider”); and (d) that you will be charged for all fees and charges due and payable for any Purchases hereunder and that no additional notice or consent is required to use the Payment Provider you provide. You agree to keep your payment information up to date. You agree to pay any taxes and delivery or similar charges in connection with any Purchases that are not charged by Company or the App Store. Company reserves the right at any time to change the prices of any Purchases, either immediately upon posting on the App or by e-mail delivery to you. Company accepts certain credit cards as well as other forms of cash payment (e.g., Apple Pay or Google Pay) that are accepted by the App Stores as payment methods for Purchases.
7.3. Taxes. If you are a consumer and have your habitual residence in the European Union or the United Kingdom, prices displayed on any Scorz Property are inclusive of any applicable sales tax, value added tax (VAT) or similar at the rate that is in force from time to time. In all other cases, the payments required under Section 7.3 of this Agreement may not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Scorz determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Scorz shall collect such Sales Tax in addition to the payments required under Section 7.4 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Scorz, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Scorz for any liability or expense Scorz may incur in connection with such Sales Taxes. Upon Scorz’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
7.4. Subscription Automatic Renewal. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”). All prices for subscriptions shown on the Application are denominated in the currency that Scorz determines to be your local currency. Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Scorz’s then-current price for such subscription. Should the pricing for your subscription increase, we will inform you of such changes a reasonable period in advance of any automatic renewal and will give you an opportunity to cancel your subscription before it auto-renews. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription before the end of the then-current subscription period, by logging in and going to the “Subscriptions” page in the App Store, select your Scorz subscription and choose “Cancel Subscription”. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the App Store to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if the App Store does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Scorz may either terminate or suspend your subscription and continue to have the App Store attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
7.5. Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Scorz to have the charges reversed.
7.6. Refunds. If you are a consumer and have your habitual residence in the European Union or the United Kingdom, you have the right to cancel your purchase of any subscription without reason within fourteen (14) days of the initial purchase and request a refund of the relevant Service Subscription Fee. If you use the relevant subscription at all during that fourteen (14)-day period, we reserve the right to pro-rate any refund to reflect such use. In order to request a refund, please visit the Apple App Store Terms of Service or the Google Play Terms of Service, as applicable. Any refund will be issued to the same payment method used for the relevant purchase. For the avoidance of doubt, if you sign up for a free trial, you agree that your right to claim a refund expires fourteen (14) days after the day on which your trial begins.
To the fullest extent permitted under applicable law, you agree to indemnify and hold harmless Scorz, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Scorz Party” and collectively, the “Scorz Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Scorz Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. Scorz reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Scorz in asserting any available defenses. This provision does not require you to indemnify any of the Scorz Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Scorz Properties.
9. DISCLAIMER OF WARRANTIES AND CONDITIONS.
9.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SCORZ PROPERTIES IS AT YOUR SOLE RISK, AND SCORZ PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SCORZ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF ANY SCORZ PROPERTY. IF YOU ARE A CONSUMER AND HAVE YOUR HABITUAL RESIDENCE IN THE EUROPEAN UNION OR THE UNITED KINGDOM, APPLICABLE CONSUMER LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES SET OUT THEREIN, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
(a) SCORZ PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SCORZ PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SCORZ PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SCORZ PROPERTIES WILL BE ACCURATE OR RELIABLE.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH SCORZ PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS SCORZ PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. SCORZ MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCORZ OR THROUGH SCORZ PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(e) FROM TIME TO TIME, SCORZ MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SCORZ’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
10. LIMITATION OF LIABILITY.
10.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL SCORZ PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT SCORZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SCORZ PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SCORZ PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SCORZ PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SCORZ PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO SCORZ PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING SHALL NOT APPLY TO LIABILITY OF A SCORZ PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SCORZ PARTY’S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY INJURY CAUSED BY A SCORZ PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL SCORZ PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO SCORZ BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SCORZ PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SCORZ PARTY’S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY INJURY CAUSED BY A SCORZ PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCORZ AND YOU.
11.1. Violations. If Scorz becomes aware of any possible violations by you of the Agreement, Scorz reserves the right to investigate such violations. If, as a result of the investigation, Scorz believes that criminal activity has occurred, Scorz reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Scorz is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Scorz Properties, including Your Content, in Scorz’s possession in connection with your use of Scorz Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Scorz, its Registered Users or the public, and all enforcement or other government officials, as Scorz in its sole discretion believes to be necessary or appropriate.
11.2. Breach. In the event that Scorz determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for Scorz Properties, Scorz reserves the right to:
(a) Warn you via e-mail (to any e-mail address you have provided to Scorz) that you have violated the Agreement;
(b) Delete any of Your Content provided by you or your agent(s) to Scorz Properties;
(c) Discontinue your registration(s) with any of Scorz Properties;
(d) Discontinue your subscription to any Services;
(e) Notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(f) Pursue any other action which Scorz deems to be appropriate.
12.1. Termination of Services by Scorz. You will have thirty (30) days from the Service Commencement Date, or any Renewal Commencement Date, for any Services hereunder, to cancel such Service, in which case Scorz will refund your Service Subscription Fee, if already paid pursuant to Section 7.2 or 7.3, for the applicable Service. Except as set forth above, the Service Subscription Fee for any Service shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if Scorz is required to do so by law (e.g., where the provision of the Application or the Services is, or becomes, unlawful), Scorz has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Scorz’s sole discretion and that Scorz shall not be liable to you or any third party for any termination of your Account.
12.2. Termination of Services by You. If you want to terminate the Services provided by Scorz, you may do so by (a) notifying Scorz at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Scorz’s address set forth below. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 7.4.
12.3. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Scorz will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification commitments, warranty disclaimers, and limitation of liability.
12.4. No Subsequent Registration. If your registration(s) with or ability to access Scorz Properties, or any other Scorz community is discontinued by Scorz due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Scorz Properties or any Scorz community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Scorz Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Scorz reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
13. INTERNATIONAL USERS.
Scorz Properties can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that Scorz intends to announce such Services or content in your country. Scorz makes no representations that the Services and/or Scorz Properties are appropriate or available for use in other locations. Those who access or use the Services and/or Scorz Properties from other countries do so at their own volition and are responsible for compliance with local law.
14. DISPUTE RESOLUTION.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Scorz and limits the manner in which you can seek relief from us. This Section 14 only applies to residents of the United States.
14.1. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Scorz Properties, to any content or products sold or distributed through the Scorz Properties, or to any aspect of your relationship with Scorz, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify,; and (2) you or Scorz may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
14.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent: Cogency Global Inc., 850 New Burton Road, Suite 201, Dover, Delaware 19904. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Scorz will pay them for you. In addition, Scorz will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Scorz. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
14.4. Waiver of Jury Trial. YOU AND SCORZ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Scorz are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
14.5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be arbitrated.
14.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Scorz username (if any), the email address you used to set up your Scorz account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
14.7. Severability. Except as provided in Section 14.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
14.8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Scorz.
14.9. Modification. Notwithstanding any provision in this Agreement to the contrary, if Scorz makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Scorz at the following address: email@example.com.
15. ALERTS AND NOTIFICATIONS
As part of your use of the Services, you may receive notifications, text messages, alerts, emails and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Application using your Account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
16. GENERAL PROVISIONS.
16.1 . Electronic Communications. The communications between you and Scorz may take place via electronic means, whether you visit Scorz Properties or send Scorz e-mails, or whether Scorz posts notices on Scorz Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Scorz in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Scorz provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
16.2. Release. You hereby release Scorz Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Users, first responders or medical personnel of any kind arising in connection with or as a result of the Agreement or your use of Scorz Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Scorz Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application or any Services provided hereunder.
16.3. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Scorz’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.4. Force Majeure. Scorz shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, acts or decrees of governmental agencies, pandemics, epidemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
16.5. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Scorz Properties, please contact us at: firstname.lastname@example.org.
16.6. Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Scorz agree that all claims and disputes arising out of or relating to the Agreement will be litigated in the state or federal courts located in the State of Delaware. If are a consumer and have your habitual residence in the European Union or the United Kingdom, you may bring a claim to enforce your consumer protection rights in connection with this Agreement in your country of residence.
16.8. Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. This Agreement, and any contract between us, are only in the English language.
16.9. Notice. Where Scorz requires that you provide an e-mail address, you are responsible for providing Scorz with your most current e-mail address. In the event that the last e-mail address you provided to Scorz is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Scorz’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Scorz at the following address: email@example.com. Such notice shall be deemed given when received by Scorz by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
16.10. Third Parties. This Agreement is between you and Scorz. No other person shall have any rights or obligations pursuant to this Agreement, including the right to enforce any of its terms.
16.11. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.12. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
16.13. Export Control. You may not use, export, import, or transfer Scorz Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Scorz Properties, and any other applicable laws. In particular, but without limitation, Scorz Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Scorz Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Scorz Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Scorz are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Scorz products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16.14. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
16.15. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
17. INTERNATIONAL PROVISIONS.
The following provisions shall apply only if you are located in the countries listed below.
17.1. United Kingdom. A third party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
17.2. Germany. Notwithstanding anything to the contrary in Section 10, Scorz is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).