TERMS & CONDITIONS Terms of Use for ScoutingNation.com
Overview Welcome to Scouting Nation, a social utility that connects student athletes, athletes, college athletic departments, coaches, scouts and collegiate recruiters and others involved in the recruiting process or vested in an athlete’s future (e.g., family of athletes, high school coaches, etc.). The Scouting Nation network and service (collectively, our "Service") are operated by ScoutingNation.com and Scouting Nation, LLC (collectively, “Scouting Nation”). Use of this Service for any other purpose, including but not limited to, reproducing and storing in a retrieval system by any means, electronic or mechanical; photocopying; or using the addresses or other information contained in this Service for any private solicitation or commercial or political mailing is strictly prohibited and constitutes intellectual property theft. Additionally, our Service is provided AS AVAILABLE and on an AS IS basis. Scouting Nation disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service.
Eligibility of Use Our Service is available to student athletes, athletes, college athletic departments, coaches, scouts, recruiters and others involved in the recruiting process, who are 13 years of age or older, and are subject to the terms set forth in these Terms of Use (hereafter “Terms”). Any use of the Service, access or visit to the Service, or linking to the Service, constitutes your acceptance of these Terms. Your use of the Service indicates you accept the Terms herein and agree to abide by them. Scouting Nation reserves the right and may, from time to time, modify the Service and the Terms. Your continued use of the Service, after modifications, indicates your acceptance of the modification and the applicability of the Terms thereto. You understand and agree that the Service is provided AS IS and that Scouting Nation assumes no responsibility for any aspect of this Service, including but not limited to the timeliness, deletion, mis-delivery, or failure to store any user communications or Content.
Registration Information and Data In consideration of your use of our Service, you agree to (a) provide accurate, current and complete information and data (including video and photos) about yourself, as may be requested or prompted by any registration forms on our Service (hereafter referred to as "Content"); (b) maintain the security of any password or identification created by your and/or provided by our Service; (c) maintain and promptly update any Content or other information you provide to Scouting Nation, to keep it accurate, current and complete; and (d) be fully responsible for all use of your Service account and for any actions that take place using your Service account.
Privacy Statement
This privacy statement is provided to clarify how we collect and use the personal information you may share on the Service. By using or accessing the Service, you are accepting the practices described herein.
Scouting Nation respects the privacy of its users. By the use of our Service you will voluntarily provide personal information or Content to Scouting Nation. Under limited circumstances, information may be available to other users of our Service. Scouting Nation will not sell or provide personally identifiable information to outside parties, except under special circumstances such as Scouting Nation's good faith belief that disclosure is required by state or federal law. Scouting Nation shall not reveal personally identifiable information until it has a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Scouting Nation may share account or other information when it is necessary to comply with the law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through our Service, or using the Scouting Nation name or branding, or to prevent imminent bodily harm. Such circumstances may include sharing information with other companies, lawyers, agents or government agencies.
When utilizing our Service, you may provide us with personal information you knowingly choose to disclose or web site use information that is then subsequently collected by us as you interact with our Service. You may provide us with certain personal information, such as your name, email address, telephone number, address, gender, schools attended and any other personal information that you provide to Scouting Nation. Information we collect will often be utilized to enhance our Service and offer more personalized services. All Content you post or upload to our service is done so at your own risk. Any improper collection or misuse of information provided on our Service is a violation of the Scouting Nation Terms and should be reported to the following email address: info@scoutingnation.com. By utilizing our Service, you hereby consent to the transfer of your personal data or Content to Scouting Nation and that the same may be transferred to and processed in the United States.
Scouting Nation does not knowingly collect or solicit personal information or Content from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, do not attempt to use our Service or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on our Service. Should Scouting Nation discover it has collected personal information from a child under age 13 without verification of parental consent, Scouting Nation will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us immediately by emailing to info@scoutingnation.com. Scouting Nation strongly recommends that minors 13 years of age or older ask their parent or guardian for permission before sending any information to anyone over the Internet.
When athletes or their families utilize our Service, your profile information, your name, email, photo(s) and video(s), are displayed to coaches, scouts, recruiters or others engaged in the collegiate recruiting process in order to enable you to connect with those who can offer you scholarship opportunities. Scouting Nation may occasionally use your name and email address to send you notifications regarding new services we may offer and that you may find valuable. Scouting Nation may utilize Content or information you provide or post to the Service without identifying you as an individual to third parties.
Scouting Nation will not provide any personal contact information to third party marketers without your permission. Content or information we may share with third parties shall be only under limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. Scouting Nation may provide information to certain service providers that assist us providing our services that we presently, or in the future, may offer. Occasionally, in connection with our Service and our business operations, Scouting Nation service providers may have access to personal information for a limited time in connection with certain business activities (e.g., processing payments).
Should all or a portion of the ownership of Scouting Nation or Scouting Nation business units change or transfer, all Content you provide may be transferred to the new owner. This would allow the Service and related operations to continue. In any such transfer event, all Content or user information would remain subject to this privacy policy and Terms.
The Service may contain links to other websites. Scouting Nation shall not be responsible for the privacy practices of other web sites. Scouting Nation strongly recommends you read the privacy statements of each web site that collects personally identifiable information. These Terms and this privacy policy apply solely to information collected by Scouting Nation.
Rules of Conduct You agree to use our Service in accordance with the Terms. You agree that you (and not Scouting Nation) shall be responsible for, including the accuracy of, any information, data, text, video, music, photographs, images, or related content ("Content") which you upload, post, email, or otherwise transmit through use of our Service. In connection hereto, you agree that you will not: (i) upload, post or transmit any Content that is unlawful, threatening, abusive, libelous, defamatory, tortious, obscene, vulgar, pornographic, harassing, profane, invasive of another's privacy, indecent, bigoted, hateful, racially, ethnically, sexually or otherwise offensive; (ii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) upload, post, transmit or email any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (iv) disrupt the normal use of our Service by others; (v) upload, post, transmit or email any information, software or other material which contains a virus or other harmful aspect or component; (vi) upload, post, email or transmit, any software or other material for commercial or political purposes or which contains advertising, including but not limited to “spam,” "junk mail" or "pyramid schemes", or any other form of solicitation, and or in any way exploit any information contained in the Service; (viii) use the Service to collect or store personal data about other users; (ix) attempt to access or utilize another user's account or attempt to access areas for which you are not authorized; and (x) interfere with or disrupt our Service, any servers or networks connected to our Service, and/or interfere with or disrupt the use of other service providers, or not adhere to or abide by any policies, procedures or regulations of networks connected to our Service. You agree that you will not use the Service, including the information provided herein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Scouting Nation, at its sole and absolute discretion, shall determine whether any Content or other information transmitted, collected or received violates this provision. You understand that Scouting Nation has no obligation to monitor, and does not pre-screen any Content.
You agree that your use of this website will not violate any local, national or international law. All of the information you have provided is completely accurate and truthful. Scouting Nation shall not be responsible for any inaccurate Content or misrepresentation by an athlete, his or her family, or a coach or school or other user of our Service. You have not and will not access information which is not rightfully yours and you have not and will not access other users’ passwords, usernames or Content. College athletic departments, coaches, scouts and collegiate recruiters and others involved in the collegiate recruiting process must be professionally affiliated with a NCAA Division I, II, or III or other college athletic association. By registering as an athlete, you must in fact be a high school athlete or college student who is looking to transfer to another university or otherwise obtain an athletic scholarship at a college or university. Any user of our Service providing inaccurate or false Content including but not limited to, parents or guardians of athletes, athletes, college coaches, high school coaches, club or camp coaches, can and will be held liable for such false Content and shall be subject to lawful consequences.
Legal action will be taken against any and all persons or companies soliciting registered users of Scouting Nation. By utilizing our Service you agree you have not and will not utilize any Content or other material of the Service, belonging to Scouting Nation including logos, graphics, art work, text, articles, database(s), internet code or Content, without express written permission from Scouting Nation. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information or services obtained from Scouting Nation without the express permission of Scouting Nation. Scouting Nation is not responsible for the actions of users of our Service who do not abide by NCAA or other collegiate regulation(s). Scouting Nation is not affiliated with the NCAA. By utilizing our Service, you assert that you have knowledge of all NCAA rules, regulations and directly or indirectly related laws and that you are responsible for following all NCAA rules, regulations and laws. Scouting Nation shall not be responsible for any violation by any user of our Service of any NCAA rule or regulation, nor shall Scouting Nation be responsible for any violation by any user of our Service of any law or governing rule and regulation as to any specific sport or sporting association. All violators are subject to Service account termination.
Removal of Content Scouting Nation has the right (but not the obligation) to refuse to post or to remove any Content, in whole or in part, that in Scouting Nation's sole and absolute discretion is objectionable or in violation of the Terms. You acknowledge that Scouting Nation, in its sole and absolute discretion, reserves the right to, from time to time, monitor any and all information transmitted or received through our Service, for any purpose. You also agree and understand that Scouting Nation may preserve or disclose any Content or other information if, in Scouting Nation's sole and absolute discretion, such is reasonably necessary to: (a) comply with any state or federal law; (b) enforce the Terms; (c) respond to claims that a user has violated the rights of any third-party, or (d) protect the safety, interests or property of Scouting Nation, its users or others. You hereby agree and acknowledge that use of our Service constitutes consent to such monitoring as herein described.
Intellectual Property Scouting Nation respects the rights of all copyright holders and in this regard, Scouting Nation has implemented a policy providing for the termination in appropriate circumstances of a user account or account holders who infringe the rights of other copyright holders. ScoutingNation.com is a service of Scouting Nation, LLC, a Georgia limited liability company. All materials and Content on this website are the property of Scouting Nation, LLC. Copyright 2009. All rights reserved. As such, the material and Content found on ScoutingNation.com is the exclusive property of Scouting Nation and unless otherwise indicated, Scouting Nation owns all copyrights in the materials and Content on our Service. You may print and download portions of materials from the different areas of this Service solely for your own noncommercial use. Any redistribution, resale, re-transmission, or publication of the copyrighted material or Content existing on our Service is strictly prohibited without the express written consent of Scouting Nation. In the event you download or otherwise acquire any proprietary data or notices, including copyright and trademark symbols, or other notice from materials or Content downloaded from our Service, existing on our Service, or any materials provided through or by our Service, you hereby agree not to in any manner modify or delete the same. Scouting Nation assumes no responsibility for the accuracy or timeliness of any information provided herein.
Hold Harmless and Indemnification You agree to defend, indemnify and hold harmless Scouting Nation, its members, directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages (actual, special or incidental), costs and expenses, including reasonable attorneys fees, arbitration, mediation or court costs, if any, arising out of or accruing from your use or misuse of our Service, including but not limited to any Content uploaded, posted emailed or transmitted during or by your use of our Service, your violation of the Terms or your infringement of any intellectual property right of another.
User Disputes You are solely responsible for your interaction(s) with any other Service user or users. Scouting Nation reserves the right (but has no obligation therein) to engage as Scouting Nation may deem reasonable, in any manner as to any dispute(s) between you and any other user(s).
Warranty Disclaimer YOUR USE OF THIS SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" BASIS AND SCOUTING NATION HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY NON-INFRINGEMENT. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THIS SERVICE OR YOUR USE THEREOF, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. THERE SHALL BE NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, THAT THIS SERVICE, OR THE USE THEREOF, WILL MEET YOUR SPECIFIC REQUIREMENTS, OR WILL BE SECURE, ACCURATE, UNINTERRUPTED, TIMELY OR RELIABLE.
Limitation of Liability IN NO EVENT SHALL SCOUTING NATION, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SCOUTING NATION HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. THE USER HEREBY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT SCOUTING NATION AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE.
Termination of Use You agree that Scouting Nation, in its sole discretion, may terminate the use of any username, password, pass-code or account (or any part thereof), or the use of our Service otherwise, and may remove and discard any Content or other information contained within or existing on our Service, for any reason, including, without limitation, a user’s lack of use, or if Scouting Nation believes, in its sole discretion, that you have violated or acted inconsistently with the Terms. Scouting Nation may also in its sole discretion and at any time discontinue providing our Service, or any part thereof, with or without notice of any kind. You hereby agree that any termination of your access to our Service may be effectuated without prior notice, and you further acknowledge and agree that Scouting Nation may immediately deactivate or delete your account and all related Content, information and files in your account, and/or prohibit any further access to such files or to our Service. You further agree that Scouting Nation shall not be liable to you or any third-party for any termination of your access to the Service for any reason. You may terminate the use of our Service at any time. Scouting Nation reserves the right to terminate your use and access, without notification of any kind, for non-adherence of any of the Terms.
Modification of Terms Scouting Nation reserves the right to amend the Terms, and to modify, add to or discontinue any aspect, Content, or feature of our Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by either posting on our Service, via e-mail or any other reasonable means, said means being the exclusive option of Scouting Nation. Your continued use of our Service shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
General Provisions
The Terms herein constitute the entire agreement between you and Scouting Nation in connection with your use of our Service and shall govern your use of our Service. The Terms shall supersede any prior agreement(s) between you and Scouting Nation. Additional terms and conditions may apply to your use of our Service connected with your use of any third party service(s), third-party content or third-party software. The Terms herein shall be governed by the laws of the State of Georgia and shall be subject to the exclusive jurisdiction of the State and Federal Courts of the State of Georgia. The failure of Scouting Nation to exercise or enforce any right it may possess herein shall not constitute a waiver of such right(s) or provision.
Questions about the Terms may be emailed to info@scoutingnation.com , or you may also contact us by mail at P.O. Box 1423, Buford, Georgia 30515-1423.
Last modified: July 2009
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