TERMS & CONDITIONS
By accessing this website and by signifying your consent, you agree to be bound by these Terms of Use and Conditions for "SCOUTBRIDGE". If you do not agree to abide by the above, please do not use this service.
We may, in the future, make available supplemental terms, conditions, or documents that may become a part of these Terms of Use and Conditions. All supplemental terms, conditions, or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use and Conditions 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 of Use and Conditions by your continued use of the Site after the date such revised Terms of Use and Conditions are posted.
The information on this Site 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 or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
I. DISCLAIMER
The site, its content and data, operates on an 'As Is' and 'As Available' model. By your consent, you agree that the information obtained using the site will be at your own individual risk permitted by law in your jurisdiction.
As operators of this website, we claim all warranties, either express or implied, in connection with the use of the website as well as your use of the site, inclusive of, without limitation, the implied warranties or merchantability, fitness for a specific purpose and non-infringement.
We provide no warranties for the user content uploaded into the website, as to its accuracy and completeness as to the site's content. Furthermore, we provide no warranties or liability for any website linked to our website as well as the following and those like it:
a. Errors, mistakes or inaccuracies of any content and/or materials.
b. Personal injury and/or property damage of any nature whatsoever resulting from access and/or use of the website.
c. Any unauthorized access to or use of our secure services and/or all personal, financial or enterprise information stored within our website.
d. Any interruption or cessation of transmission to or from the website.
e. Any bugs, viruses, trojan horses and the like which may be transmitted through the site embedded by any third party;
f. Any errors and/or omissions in any content and materials for any loss or damage of any kind incurred as a result of the use of the content posted, transmitted, uploaded or otherwise contained in the website.
II. INTELLECTUAL PROPERTY RIGHTS
Unless clearly and tacitly indicated, the Site is the proprietary property of its owners and operators, and thus all source code, data, databases, functionality, software, website designs, all content uploaded/shared such as audio, video, text, images and graphics contained in the website, collectively known as the 'Content' and the trademarks, service marks and logos published therein, known as the 'Marks' are owned and controlled by the owners and operators or licensed to be used for the website by its true owners, are protected by global copyright and trademark laws as well as international conventions in place. Both the Content and the Marks are provided on the site in an 'As Is' for informative and personal use only.
Except as expressly provided in these Terms of Use and Conditions, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission of the Owners of the Website.
Once provided eligibility to use the website, access would be granted for a limited purpose, which includes use and access any portion of the Content granted license to use, only for personal non-commercial use (see ). The owners reserve all rights not expressly granted to the user as to access to the Site, Content and Marks.
III. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current , or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
IV. USER-GENERATED UPLOADS
The Website does not offer its users the chance to submit or post content. The Website provides the Users with the platform wherein the user may submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the owners or unto the Site, which may consist of the following, such as but not limited to text, writings, video, audio, images, photographs, and/or personal information and its similar material, to be known as the 'Uploads'.
The following representations and warranties apply:
1. The creation, distribution, transmission, public display or performance and the accessing, viewing of Uploads do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize us, the Site; and other users of the Site to use your Uploads in any manner contemplated by the site and these Terms of use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Uploads to use the name or likeness of each and every identifiable individual person to enable inclusion and use of your Uploads in any manner contemplated by the Site and these Terms of use.
4. Your Uploads are not false, inaccurate or misleading.
5. Your Uploads are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Uploads are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
7. Your Uploads are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
8. Your Uploads do not ridicule, mock, disparage, intimidate, or abuse anyone.
9. Your Uploads do not violate any applicable law, regulation, or rule.
10. Your Uploads do not violate the privacy or publicity rights of any third party.
11. Your Uploads do not violate any applicable laws intended to protect the health or wellbeing of minors.
12. Your Uploads do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.
13. Your Uploads do not otherwise violate, or link to material that violates, any provision of these Terms of Use and Conditions or any applicable law or regulation.
V. USER DATA
The site owners maintain certain data that users transmit to the site for the purpose of managing the performance of the site, as well as data related to your use of the site. Although the site performs regular routine backup of data, you as the user is solely responsiblefor all data that is transmitted or that relates to any activity you as user have undertaken using the Site.
You as the user agrees that the site and its owners shall have no liability to you as a user for any loss or corruption of any such data, and you as a user hereby waive any right of action against us arising from any such loss or corruption of data.
VI. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
In visiting the Site, sending us emails, and completing online forms constitute electronic communications, you as a user 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 site, satisfy any legal requirement that such communication must 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 the Owners or through the website. You, as a User, 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 non-electronic records, or to payments or the granting of credits by any means other than electronic means.
VII. SUBMISSIONS
You as the User, acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Uploads") provided by you for the Website are confidential and shall become our sole property. We, the Owners and the Website, shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
You as the User, hereby waive all moral rights to any such submissions, and furthermore hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You also further agree there shall be no recourse against us for any alleged or actual infringement of misappropriation of any proprietary right in your Submissions.
VIII. CONTRIBUTION LICENSE
You as the User agree that we, the site and its Owners, may access, store, process, and use any information and personal data that you provide following the terms of the Privacy policy and your choices (including user settings).
By submitting suggestions or other feedback regarding the site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Uploads. You retain full ownership of all your Uploads and any intellectual property rights or other proprietary rights associated with your Uploads. We are not liable for any statements or representations in your Uploads provided by you in any area on the Site. You are solely responsible for your Uploads to the site and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your Uploads.
IX. SITE MANAGEMENT
We, the Owners and the Website, reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violated the law or these Terms of Use, 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) any of your Uploads or any portion thereof.
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to you, our systems; and
(5) Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
X. PROHIBITED ACTIVITIES
You as a User, may not access or use the Site for any purpose other than that for which we make the site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Perform systematic retrieval of data or other contents from the Site to create or compile directly or indirectly, a collection, database, or directory without written permission from us.
2. Undertake processes to trick, defraud or mislead us or other users, especially to learn sensitive account information such as user passwords.
3. Introduce programs or systems designed to circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Perform activities to disparage, tarnish or otherwise harm, in our opinion, us and/or the Site.
5. Using any information obtained from the site to harass, abuse, or harm another person.
6. Do improper use of our support services or submit false reports of abuse or misconduct.
7. Use the site in a manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized framing or linking to the site.
9. Upload or transmit (or attempt to upload or to transmit) viruses Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Site.
10. Engage in automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
11. Attempt to impersonate another user or person or use the username of another user.
12. Delete the copyright or other proprietary rights notice from any content.
13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism. including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
14. Interfere with, disrupt or create an undue burden on the Site or the networks or services connected to the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
16. Attempt to bypass any measures of the site designed to prevent or restrict access to the Site or any portion of the Site.
17. Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the site.
18. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
19. Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or ofline reader that accesses the Site, or using or launching any unauthorized script or other software.
20. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means under false pretenses.
21. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
XI. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
XII. TERM AND TERMINATION
These Terms of Use and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provisions of these terms of use, we, as the Owners, reserve the right to, in our sole discretion and without notice and/or liability, deny, refuse and block access to and deny access to and use (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant, or covenant contained in these Terms of Use and Conditions or any applicable law or regulation, we may terminate use or participation in the site or delete any content and/or information that you as the User posted at any time, without warning in our sole discretion.
Once the decision to terminate or suspend your account for any reason has been made, you as a User is prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. 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.
XIII. MODIFICATIONS AND INTERRUPTIONS
We have the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of the Site.
We cannot guarantee the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to be provided you.
You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or discontinuation of the Site. Nothing in these Terms of Use and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updated, or releases in connection therewith.
XIV. GOVERNING LAW
These Terms shall be governed by and defined following the laws of Germany and yourself irrevocably consent that the courts of Germany shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
XV. DISPUTE RESOLUTION
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the German Arbitration Laws according to the rules of the German Arbitration Institute which because of referring to it, is considered as part of the Clause.
The number of arbitrators shall be 2 (Two). The language of the proceedings shall be ENGLISH LANGUAGE. The governing law of the contract shall be the substantive law of Germany.
XVI. RESTRICTIONS
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 public or any other persons.
Exceptions to arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration; (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. 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 suck 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.
XVII. LIMITATIONS OF LIABILITY
Under no circumstances or in any event that the Website's Owners, directors, employees and/or agents are to be made liable to you as a User or to any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including profit loss, lost revenue or any other damages arising from the use of the Website, even if proper advise has been provided as to the possibility of the claims for damages.
Notwithstanding anything to the contrary contained herein, the Website, its owners and employees liability to you for any cause whatsoever and regardless of the form of the action undertaken, and should it prosper, payment would be limited to the lesser of the amount paid, if any by you to the Website.
XVIII. INDEMNIFICATION
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of; (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
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 identification upon becoming aware of it.
XIX. MISCELLANEOUS
These Terms of Use and Conditions and any policies or operating rules posted by us on the Site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use and Conditions operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be held responsible for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
If any provision of these Terms of Use and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and Conditions 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 because of these Terms of Use and Conditions or use of the Site. You agree that these Terms of Use and Conditions will not be construed against us by virtue of having drafted them. You hereby waive all defenses you may have based on the electronic form of these Terms of Use and Conditions and lack of signing by the parties hereto to execute this Terms of Use.