TERMS AND CONDITIONS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS APP
As used herein, “APP” refers to the mobile site/application “ScoutingZone” which is owned and/or operated by ScoutingZone, LLC or its subsidiaries, partners, affiliates and assigns (collectively “ScoutingZone”). For the purposes of these Terms and Conditions the term “User” shall mean the person or entity entering information onto the App, viewing information provided by the App or registering for and/or using the APP.
These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in the APP constitute the entire agreement between User and ScoutingZone in connection with User’s access and use of the APP (“Agreement”).
By using this APP, User indicates User’s acceptance of these Terms & Conditions. If User does not agree to these Terms & Conditions, User has no license to access the APP and should cease use immediately.
ScoutingZone reserves the right, in its sole discretion at any time, to change these Terms & Conditions or impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, updates or additions shall take effect immediately upon ScoutingZone providing reasonable notice. Such notice may be given by posting on the APP, electronic or conventional mail, or by any other reasonable means. User’s use of the APP after such notice shall be deemed to constitute User acceptance of the modified Terms & Conditions.
ScoutingZone may change, suspend or discontinue any aspect of the APP at any time, including the availability of any feature or content. ScoutingZone may also impose limits on certain features and services or restrict User’s access to parts or the entire APP without notice or liability.
INFORMATION SHARING POLICY
ScoutingZone is aware of the many concerns with personal information privacy in the digital environment in which we live. In order to assure those posting information on our database of the proper use of posted information, the following are steps ScoutingZone takes to regulate who may have access to information uploaded to our site:
- ScoutingZone does not sell or lease information uploaded to our site to any third parties.
- All information uploaded by a player is password protected and is not open to the public, rather it is only available to certain college coaches, soccer scouts, and tournament directors (collectively “Scouts”).
- Scouts can only gain access to the information uploaded by a player through password protected tournaments.
- Player profiles can be edited by the player who uploaded the information at any time.
- If a player wishes to have his/her profile deactivated, the player may do so at any time by contacting firstname.lastname@example.org.
Although we cannot guarantee that unsavory digital actors, such as hackers and the like, will not infiltrate ScoutingZone’s site, we will use our best efforts to protect each player’s personal information uploaded to our site from such attacks. If you feel that your information has been misappropriated in any way please contact ScoutingZone at once. Protection of your information is our priority.
USE OF MATERIAL LOCATED ON THIS APP: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
The APP (including but not limited to all functionality, know how, formulas, Trademarks, source codes and process) are wholly owned and controlled by, and are the sole intellectual property of ScoutingZone. Moreover, the selection, coordination, arrangement and enhancement of all contents of the APP are also copyrighted as a collective work. User shall abide by all copyright notices and other restrictions contained in any material accessed through the APP. No material from the APP may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express written consent of ScoutingZone, except that a User, once issued a license, may download a copy of the APP on an electronic device for User’s personal, noncommercial use, and may print one hard copy of the material on the APP for User’s personal, noncommercial use, provided User keep intact all copyright and other proprietary notices. User acknowledges that User does not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ intellectual property rights. All trademarks, service marks, and trade names are proprietary to ScoutingZone. Elements of the APP are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Only Users who have expressly indicated their agreement to these Terms & Conditions may use the APP. A User must identify his/her/itself, and expressly indicate, by means of clicking on an applicable box(es), User’s acceptance of these Terms & Conditions. ScoutingZone reserves the right to refuse participation to any applicant or User at any time in ScoutingZone’s sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by ScoutingZone (including by e-mail). User is solely responsible for keeping User’s e-mail address, payment method and other contact information updated.
For the purposes of these Terms and Conditions, the term “Submitted Content” shall mean any and all information uploaded to the APP by User, including but not limited to personal information, payment information, photographs, pictures, images, likenesses and artwork.
- By registering, accepting these Terms & Conditions, and uploading Submitted Content, User represents and warrants to ScoutingZone the following: (a) User is at least 18 years of age or the User’s legal guardian is agreeing to be bound by these Terms and Conditions, (b) all of the information provided by User to ScoutingZone to use the APP is correct and current; (c) User holds and will continue to hold the necessary rights, including, but not limited to, all copyrights, trademark rights, rights of privacy and rights of publicity in the Submitted Content to comply with these Terms & Conditions and applicable state and federal laws; (d) User is the creator of the Submitted Content User uploads to the APP (or is specifically authorized to upload the Submitted Content by the copyright holder); (e) User has made all required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of Submitted Content; and (f) User has the legal rights and authority to agree to, perform the acts required of User, and to grant the rights and licenses described in these Terms & Conditions.
- By posting or submitting Submitted Content to the APP, User automatically grants (or warrant that the owner of such rights has expressly granted) to ScoutingZone a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute for profit such materials or incorporate such materials into any form or technology now known or later developed in Submitted Content, and User waives any moral rights User may have in having the material altered or changed in a manner not agreeable to User. User further grants ScoutingZone a non-exclusive, world-wide, royalty-free license to use User’s name in connection with the Submitted Content.
- ScoutingZone does not endorse or control that Submitted Content delivered to this APP, and ScoutingZone has no obligation to monitor, such Submitted Content. As such, ScoutingZone does not guarantee the accuracy, integrity or quality of any such Submitted Content. However, ScoutingZone reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Submitted Content, in whole or in part, for any reason including but not limited to if Submitted Content is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.
- ScoutingZone further reserves the right at all times to preserve any Submitted Content or disclosure any Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ScoutingZone, its guests and the public.
- It is a condition of User’s access and use of the APP that User shall not:
- restrict or inhibit any other guest from using and enjoying the APP;
- harm minors in any way;
- Impersonate any person or entity, including, but not limited to, an employee or representative of ScoutingZone, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content transmitted by means of the APP;
- upload, post, email or otherwise distribute, publish or transmit on the APP any Submitted Content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as a part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise distribute, publish or transmit on the APP any Submitted Content that is unlawful, harmful, threatening, knowingly false, abusive, harassing, invasive of another’s privacy, libelous, defamatory, racist, obscene, vulgar, sexually explicit, pornographic, profane or indecent information of any kind, including, without limitation, any transmission encouraging conduct that would constitute a criminal offense, give rise to civil liability, contains nudity, depicts sex acts, sexually explicit images or language, or otherwise violates any local, state, national or foreign law;
- Upload, post, email or otherwise distribute, publish or transmit on the APP any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally-identifying information about persons under age 18, which has not been approved by said under age 18 person’s legal guardian.
- Upload, post, email or otherwise distribute, publish or transmit on the APP any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- Upload, post, email or otherwise distribute, publish or transmit on the APP any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component;
- Upload, post, email or otherwise distribute, publish or transmit on the APP or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including but not limited to, “junk mail”, “spam”, “chain letters”, and “pyramid schemes”), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;
- Interfere with or disrupt the APP or servers or networks serving the APP, or disobey any requirements, procedures, policies or regulations of networks connected to the APP;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “Stalk” or otherwise harass another User; or,
- Collect or store personal data about other User.
- User warrants that any materials User uploads, posts, emails or otherwise distributes, publishes or transmits on the APP contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another’s privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone’s patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.
User shall indemnify and hold ScoutingZone its affiliates, officers, directors, agents and employees, harmless from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys fees and costs, arising out of, or relating to, any Submitted Content. This provision shall survive the duration of this Agreement.
User shall pay all of ScoutingZone’s costs and expenses from any dispute arising from User’s use of the APP, including, but not limited to, ScoutingZone’s costs of bringing or defending an action and ScoutingZone’s reasonable attorney’s fees.
The APP is controlled and operated by ScoutingZone from Los Angeles, California, United States of America. ScoutingZone makes no representation that materials in the APP are appropriate or available for use in other locations. Those who choose to access the APP from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. User agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles, California and User hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.