Effective March 1, 2020
Last Revised: August 11, 2020
The Scout Hub, LLC, (“Company”, “we” or “The Scout Hub”) respects the privacy of the users of the App (“User” or “you”) and is committed to protect the User's information. We believe that you have a right to know our practices regarding the information we may collect and use when you use our App.
1. Your consent (important, please read carefully!)
2. Which information we may collect on our Users?
We may collect two types of data and information from our Users:
a. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us when such User installs and/or uses our App. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the App, type of operating system, device type, User's 'click-stream' on the App, keyboard language, screen resolution, time spent on various screens of the App, etc.
b. The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.
We gather the Users' IP address (or Mac Address, as applicable) mainly to detect anomalies for enhancing the User’s experience and security purposes (i.e., in order to safeguard our App).
In addition, Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by the User:
Personal Information is collected from the details the Users provide during account creation in the App, which includes, inter alia, name, email address, password, phone number, gender, date of birth, sport preferences, skills, dominant hand or foot, height, and profile image. Additional information may be requested in the future.
You may sign-up to the App by providing an email address and receiving a verification email, which you will be required to open and then click a button in order to activate your account. Alternatively, you may sign-up to the App via one of your existing Third-Party Services accounts (e.g. Google+, LinkedIn, Facebook, Instagram etc.). When you sign-up to the App through such existing third-party account, then such third-party accounts provide us with access to certain information, which is detailed and displayed to you in the notice which appears during the integration process, which may include your name, email address, profile photo and user-id on such account. Please read carefully such notice in order to understand what information is made available to us via your third-party accounts. We may collect your login information and other relevant information necessary to enable us to access your third-party accounts in order to collect the above mentioned information. We may store the above-mentioned information (or any part of it), in order to achieve the purposes set forth herein. Please remember that the manner in which third-party accounts use, store or disclose your information is governed solely by their policies and we will have no liability or responsibility for the privacy practices or other actions of such third parties. If you do not agree to these practices please do not use third-party accounts in order to use our App. You hereby agree that such information will be stored even after the linkage to your third-party accounts expires, for any reason.
To the extent that you purchase a Premium Account to the App, you will have the option to use certain Online Payment Processors which will require you to fill out a billing form wherein you will be required to provide to such Online Payment Processors certain Personal Information (such as, a credit card number and other related billing information) (see Section 6 below regarding the payment method). We will not store such information on our servers. We only keep token information such Online Payment Processors provide us with (and where applicable, the last four digits of your credit card number), and such information is strictly secured.
Personal Information is collected from the details that the User may provide in the scope of the User Generated Content (e.g. Personal Information which is included in comments or videos that Users may upload to the App).
Personal Information may be collected from the details the User may provide us while contacting us via the support email available on the App or by sending us an email.
For avoidance of doubt, any Non-personal Information connected or linked to or associated with any Personal Information shall be deemed as Personal Information as long as such connection, linkage or association exists.
3. How Do We Collect Information on our Users?
There are two main methods that we use:
a. We collect information through your entry, connection, access and/or use of the App. In other words, when you are using the App, we are aware of it and may gather, collect and store the information relating to such usage (such as the Non-personal Information detailed above and your IP address), either independently or through the help of our authorized third-party service providers as detailed below.
b. We collect information which you provide us voluntarily. For example, we collect Personal Information when you register and open an Account or when you create and/or upload User Generated Content via the App.
4. What are the Purposes of the Collection of Information?
Non-personal Information is collected in order to:
Use it for statistical, analytical and research purposes and for customization, developing and improvement of our App.
Enhance the User's experience while using the App.
Personal Information is collected in order to:
Operate the App (including allowing Users to upload User Generated Content, etc.).
To verify the User's identity when he/she signs in to the App.
Personalize and enhance the Users experience while using the App.
Respond to your inquiry.
Provide the Users with commercial materials, updates about The Scout Hub's developments, new offerings, news regarding the App and other services/products that may be of interest to you, etc.
Enable payment through third party Online Payment Processors. Please note that we do not collect and store credit card or other financial information.
Be able to contact Users for marketing purposes and provide them with technical assistance.
Enable the User to use social features.
Allow Users to register for special offers, contests or premium services.
Determine general geolocation information (i.e., country) from which the User's computer is connected to the Internet in order for us to know the general location of our App's Users as well as in order to safeguard our App.
5. Sharing Information with Third Parties
For avoidance of doubt, The Scout Hub may transfer and disclose Non-personal Information to third parties at its discretion including without limitation for statistical, analytical and research purposes and for customization, developing and improvement of our App.
7. Social Features
Our App includes social media features, such as Facebook share button (“Social Features”). The Social Features are operated or allow for
8. Profile Information Displayed
Your Account configuration allows you to display to other visitors and Users of the App the information contained in your user profile (which may include your Personal Information, such as your mobile phone number).
9. Third Party Service Providers
The App is intended for Users over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that
minors under the age of thirteen (13) are not using the App.
11. Direct Marketing
You hereby agree that we may use your contact details you provided us with (including, without limitation, e-mail address and phone number) for the purpose of providing you commercial and/or non-commercial materials related to our current and/or future products and services. You may withdraw your consent by sending a written notice to The Scout Hub's e-mail address that appears in the App or alternatively follow the instructions for removing yourself from the mailing list which are available in the message transmitted to you.
12. Cookies & Local Storage
When you access or use the App, we and/or our third party service providers may use industry-wide technologies such as User persistent identifiers (or other similar technologies), which store certain local information on your device ("Local Storage") which may enable, inter alia, automatic activation of certain features and make the User’s App experience and usage simpler, more relevant, convenient and effortless. Such information is locally stored in the User's device. The Scout Hub and/or our authorized third party service providers may access such information. The Scout Hub and/or our authorized third party service providers may use both session cookies (which expire once you close the App) and persistent cookies (which stay on the User’s device until he/she deletes them). Such Local Storage used by the App may store non-personal information (such as the different pages viewed by a User within the App) as well as User persistent identifier, which will be collected in accordance with the terms specified herein. It is easy to prohibit and/or delete the Local Storage, inter alia, through the Settings option of your web-browser. Most browsers will allow you to erase cookies from a device, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, or change the settings of your browser, your App experience may be affected and may be limited. Please note that The Scout Hub uses Google Analytics as a service provider in order to track Users' activities on the App, including by use Google Analytics' persistent cookies.
13. Deletion or Modification of Personal Information
IF YOU ARE A RESIDENT OF CALIFORNIA, PLEASE NOTE THAT YOU HAVE THE RIGHT TO (1) REQUEST ACCESS AND/OR DELETION OF YOUR PERSONAL INFORMATION. UPON RECEIPT OF A VERIFIABLE REQUEST, AND SUBJECT TO OUR RIGHTS TO RETAIN THE DATA IF REQUIRED UNDER APPLICABLE LAWS, WE SHALL DELETE SUCH PERSONAL INFORMATION FROM OUR RECORDS, AND DIRECT ANY SERVICE PROVIDER TO DELETE YOUR PERSONAL INFORMATION FROM THEIR RECORDS; (2) REQUEST TO RECEIVE INFORMATION REGARDING THE CATEGORIES OF DATA THAT ARE DISCLOSED TO OUR AUTHORIZED SERVICE PROVIDERS DETAILED BELOW; AND (3) RECEIVE EQUAL SERVICES AND NOT BE DISCRIMINATED DUE TO EXERCISING YOUR RIGHTS UNDER APPLICABLE LAWS. PLEASE NOTE, THAT SUCH REQUESTS WILL NOT BE FULFILLED, UNDER CERTAIN CIRCUMSTANCES, ALL SUBJECT TO APPLICABLE LAWS.
**********PLEASE NOTE THAT WE DO NOT SELL YOUR PERSONAL INFORMATION TO THIRD PARTIES**************
Your data is yours. If for any reason you wish to delete, access or modify your Personal Information you can do so within the App. In the event that you wish to cancel your Account you may close your Account using the settings or you can send us an e-mail of your request to: , and we will close your Account and delete any Personal Information therein pursuant to any applicable privacy laws. In the event that you wish to modify or delete the Personal Information you provided us via the App you can send us an e-mail of your request to: , and we will modify or delete your Personal Information pursuant to any applicable privacy laws. We will retain and use your Personal Information for a reasonable time after termination as necessary to comply with our legal or business requirements or obligations (including as required by applicable law), to resolve disputes, to enforce our Terms and/or to enable the User to reinstate his/her Account. Aggregate and/or anonymous data derived from your Account information or from your use of the App may remain on The Scout Hub servers indefinitely. Note that unless you instruct us otherwise we may retain your Personal Information for as long as required to provide you the App and related services, all as permitted under any applicable privacy laws.
We take reasonable measures to maintain the security and integrity of our App and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. The Personal Information is hosted on AWS servers which provide advanced strict security standards (both physical and logical). In addition we employ highly secure services design and implementation using state of the art encryption and architectures mechanisms. Furthermore we implement a secure permission management and auditing system using specific and proprietary firewall and network access filtering as well as security group mechanisms. Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use will never occur. THE SCOUT HUB SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA.
16. Got any Questions?
Last Revised: August 11, 2020
The Scout Hub, LLC, its subsidiaries and affiliates, d/b/a The Scout Hub, (“The Scout Hub”, “Company”, “we” or “us”) welcome you to our "The Scout Hub" mobile application (the "App"). The App enables you to customize a digital scouting card to scout and evaluate athletes physical mechanics and overall game play along with recording their analytical metrics from technological devices used to capture athletic measurements in an athletes game to help identify an athlete's overall grade/projection or role based on your custom knowledge of the sport around the globe, as further detailed below. Users of our App (“User“ or “you“) may only use the App in accordance with the terms and conditions hereunder.
THE APP IS AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST THIRTEEN (13) YEARS OLD (SEE FURTHER SECTION 7 BELOW) AND POSSESS THE LEGAL CAPACITY TO ENTER INTO THESE TERMS AND TO FORM A BINDING AGREEMENT UNDER ANY APPLICABLE LAW.
If you are younger than thirteen (13) years old, please do not install or use the App.
Acceptance of the Terms
Our App is available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law.
You acknowledge that your ability to access and use the App is conditioned upon the above-mentioned.
2. The App
Our App allows coaches to create a database of their players and use their knowledge of the sport to evaluate and grade their player’s overall game play using a customized digital scout card that is based on what is used by MLB Scouts. The App allows for a coach to capture player headshot photos, record player video, and input grades on what the coach believes that player’s ability to be for each mechanic and metric category. The App also allows for the coach to generate customized reports of the athletes they have entered in the system. The App was created to help coaches evaluate an athlete’s playing ability so the coach can create better practice plans for a team or an individual athlete's development along with using the App to help players get recruited to a team or program. The app also allows you to upload and share User Generated Content and be recognized as a standout player in a certain mechanical or metric category from time to time by us on the App ("Top Performers").
By filling in a "player card" or any part of thereof, and opening an account (as further detailed below), you may start receiving training services that consist of players/parents receiving scouting evaluations and Trend Reports from a coach user or one of The Scout Hub’s coaches.
The App may also provide you with comprehensive information regarding, inter-alia, The Scout Hubs' services, concept, sales, news and so forth, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the App (the “Content”).
The App may include the sending of push-notifications, messages, emails, alerts via various means of communication. You can deactivate the push-notifications at any time by changing the notification settings on your device.
(Collectively: the "Service")
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP, ARE RESERVED TO THE SCOUT HUB OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE CONTENT AVAILABLE THEREIN AND THE USER GENERATED CONTENT (AS SUCH TERM IS DEFINED BELOW) ARE PROVIDED ON AN “AS IS” BASIS. THE SCOUT HUB WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP, THE CONTENT, THE SERVICES AND THE USER GENERATED CONTENT.
YOUR USE OF THE APP, THE SERVICES, THE USER GENERATED CONTENT AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
THE SCOUT HUB DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SERVICE OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE APP AND RELATED SERVICE. WE DO NOT GUARANTEE THAT ANY OF THE USERS' NEEDS WILL BE FULFILLED.
THE SCOUT HUB ACTS SOLELY AS AN INTERMEDIARY BETWEEN YOU AND THE COACHES, AND DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH THE VARIOUS SERVICES PROVIDED BY SUCH COACHES THROUGH THE USE OF OUR APP. THE SCOUT HUB WILL NOT ASSUME ANY RESPONSIBILITY FOR SUCH SERVICES AND FOR WHATEVER DAMAGES THAT MAY RESULT FROM USING SUCH SERVICES.
YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS (INCLUDING COACHES) OF THE APP WITH WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE APP. YOU ARE SOLELY RESPONSIBLE FOR SUCH COMMUNICATIONS AND INTERACTIONS AND EACH USER IS RESPONSIBLE FOR HIS OWN SAFETY.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
3. Use Restrictions
There are certain conducts which are strictly prohibited when using the App. Please read the following restrictions carefully. Your failure to comply with any of the provisions set forth herein may result in the termination of your access to the App, and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by The Scout Hub, you may not (and you may not permit anyone to): (a) use the App and/or the Content and/or the User Generated Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or Content for non-personal or commercial purposes without Company’s express prior written consent; (c) remove or disassociate, from the Content and/or the App any restrictions and signs indicating proprietary rights of The Scout Hub or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or disrupt the operation of the App or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our App's infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the App; (h) copy, modify, alter, adapt, make available, distribute, translate, make derivative works, port, reverse engineer, decompile, or disassemble any portion of the Content or The Scout Hub's Intellectual Property (as defined below); (i) sublicense, sell, rent, transfer, lend, or make any commercial use of the App; (j) frame or mirror any part of the App; (k) create a database by systematically downloading and storing any data from the App; (l) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or (m) infringe and/or violate any of the Terms.
4. Registration and User Account
You may not have more than one (1) active Account and creating multiple Accounts with overlapping uses or in order to evade a suspension of your Account (as further detailed below) is not allowed.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an Account impersonating another person you may be exposed to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of The Scout Hub. You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your credentials or Account or any other breach of security.
You may define your account as a private account, limiting the availability of all User Generated Content (including photos and videos, and excluding Top Performers) that you upload to the App only to your approved users (i.e., specific users which have sent you a request to follow your User Generated Content which have been approved by you). Alternatively, you may define certain User Generated Content as private content, limiting the availability of such content only to specific approved users. For the avoidance of doubt, it is hereby clarified that: (a) all User Generated Content uploaded to the App will be publicly available, and other users will be able to follow such content unless you have defined your account as a private account or defined the applicable content as private; and (b) the availability of any and all content uploaded by you to social networks and platforms (other than the App) will be subject to the applicable third party social network's or platform’s term of use and privacy policies.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
5. Subscription and Consideration
Users can use certain features of the App free of charge as offered by the App from time to time. However, some of the features are provided solely to Users who have opted to subscribe to an account which is subject to either a monthly or yearly fee ("Premium Account"). The fees and terms relating to such Premium Account are listed on the relevant page of the App or on our Site.
Please note that the subscriptions to Premium Accounts operate with automatic renewal, on a recurring-fees basis, therefore The Scout Hub will automatically renew the applicable Services for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable fees using the payment method we have on file. Any termination of such subscriptions is subject to the payment of the applicable rate for the preceding month. All fees and other amounts paid under these Terms are nonrefundable.
Subject to the terms hereof, The Scout Hub hereby grants to you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to use the App and the Content provided in the App in accordance with the terms contained in this Agreement.
The Terms do not convey to you an interest in or to the Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to The Scout Hub regarding the App (“Feedback“), The Scout Hub shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of our current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
8. Intellectual Property Rights
The App, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
9. Trademarks and Trade names
The Scout Hub's marks and logos and all other proprietary identifiers used by the Company and/or its third party affiliates in connection with the App (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
10. Social Media Features
11. User Generated Content
The App includes functionalities which enable Users (and Coaches) to upload and share, add, create, post, publish or make available their own copyrightable materials such as texts, images, photos, videos audio clips, comments, information, data and any other proprietary materials as well as location information and etc. (collectively, the “User Generated Content”). The following terms apply to your User Generated Content:
You are responsible for any User Generated Content you provide, including compliance with applicable laws, rules and regulations. You should only provide User Generated Content that you are comfortable sharing with others, taking into consideration that such User Generated Content may be downloaded and shared by other Users.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to the App or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Generated Content and that such User Generated Content does not infringe any third party's intellectual property rights, privacy rights or publicity rights.
NOTE: IF YOU CHOOSE TO UPLOAD YOUR USER GENERATED CONTENT THROUGH THE APP OR ACROSS SOCIAL NETWORKS OR PLATFORMS, IN WHICH CASE, SUCH USER GENERATED CONTENT MAY THUS BECOME PUBLICLY AVAILABLE TO OTHER USERS OF THE APP AND/OR OTHER USERS OF SUCH SOCIAL NETWORKS OR PLATFORMS, AND THEREFORE, IS DEEMED NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY PRIVACY RIGHTS AND PUBLICITY RIGHTS (AS APPLICABLE) WITH RESPECT THERETO. OTHER USERS IN THE APP MAY HAVE ACCESS TO, ANY MAY FOLLOW PHOTOS AND VIDEOS YOU HAVE UPLOADED TO THE APP.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content and that such User Generated Content shall be associated with your Account. The Scout Hub will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for The Scout Hub and/or third parties it engaged with to use or possess in connection with the Service (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
Although The Scout Hub has no obligation to screen, edit or monitor any of the User Generated Content, The Scout Hub explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the App at any time and for any reason, and you are solely responsible for creating backup copies of your User Generated Content and replacing any User Generated Content you post or store on the App at your sole expense.
The Scout Hub takes no responsibility and assumes no liability for any User Generated Content uploaded, posted, published and made available by you or any third party in the App (including the Coaches), or for any loss or damage thereto, nor is The Scout Hub liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
The Scout Hub may create limits on the use of the App including limitation on size and storage space available for Users to upload User Generated Content.
The App is accessible from around the world but this does not mean all Services or service features are available in your country, or that the User Generated Content is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services including the User Generated Content is legal in the country where you live.
Any use or reliance on any User Generated Content or other materials posted via the App is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Generated Content or communications posted via the App or endorse any opinions expressed via the App. As a viewer of the User Generated Content, you agree that if you find that any User Generated Content available on the App is offensive harmful, inaccurate, misleading or were posted in violation of these Terms, you may simply stop viewing such User Generated Content and please contact our Misconduct Agent or our Copyright Agent, as applicable (for more information see below). All User Generated Content is the sole responsibility of the person who originated such User Generated Content.
12. License to User Generated Content
As long as your User Generated Content is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Generated Content. However, we need certain licenses to your User Generated Content for business purposes and in order to enable different functions in the App.
When you upload, post, publish or make available any User Generated Content on the App, you grant us a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, store and use such User Generated Content, in connection with the App, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving The Scout Hub and for any other legitimate business purposes. You hereby waive any moral rights, attribution rights and publicity rights (if any) with respect to our use of the User Generated Content in accordance with these Terms.
When you upload, post, publish or make available any User Generated Content, you grant to each User of the App and to users of Social Networks and platforms who can view the User Generated Content a non-exclusive, non-commercial and royalty-free license to access, view and share your User Generated Content on our App and via other platforms. Please note that The Scout Hub cannot monitor or control what other Users do with your User Generated Content.
THE SCOUT HUB TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND/OR MADE AVAILABLE BY YOU OR ANY THIRD PARTY (INCLUDING THE COACHES) IN THE APP, FOR ANY LOSS OR DAMAGE THERETO OR FOR ANY LOSS OR DAMAGE IT MAY CAUSE THIRD PARTIES, NOR IS The Scout Hub LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER WITH RESPECT TO THE USER GENERATED CONTENT.
Please note that when you delete User Generated Content, such removed content may persist in backup copies for a reasonable period of time (although it will not be available to other Users).
13. Misconduct and Copyright Agent
We care for your safety. If you believe a User and/or Trainer acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at the e-mail address which appears in the App.
The Scout Hub respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to The Scout Hub's Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Scout Hub's Copyright Agent can be reached at the e-mail address at: email@example.com.
14. Interactive Areas
The App offers an online platform for registered Users wherein they can interact with each other such as providing rankings and/or comments to the User Generated Content uploaded to the App ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
As a provider of such Interactive Areas, The Scout Hub is not liable for any statements, representations or User Generated Content provided by its Users and/or COACHES in such Interactive Areas.
Any use of the Interactive Areas or other portions of the App in violation of the foregoing restrictions specified in these Terms, constitutes violation of these Terms and may result, inter alia, in termination or suspension of your rights to use the Interactive Areas and/or the Service.
15. Advertisements, Promotions, Sponsorships and Benefits
The Scout Hub may accept and display via the App advertisements, promotions and sponsorships from third parties and may provide Users with benefits provided via third parties. Please note that the Company makes no warranties or representations concerning such advertisements, promotions, sponsorship and benefits whether or not the Company has control over them. The Company may be entitled to certain shares of the earnings from such advertisements, promotions and sponsorship. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts. Company assumes no responsibility for such third party advertisements, benefits and sponsorships and will not be liable for any damage or loss, cost or expense incurred to you or any other person as a result of or in connection with third party advertisements, benefits and sponsorships.
16. Rules of competitions held through the App - Top Performers
NO PURCHASE OR PAYMENT OF MONEY IS REQUIRED TO ENTER OR WIN THE COMPETITIONS HELD ON THE APP. YOU MAY NOT PARTICIPATE IN THE COMPETITION IF YOU ARE UNDER THE AGE OF THIRTEEN (13). THE SCOUT HUB’S SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES AND ANY INDIVIDUAL INVOLVED IN THE DEVELOPMENT, PRODUCTION, IMPLEMENTATION, JUDGING OR FULFILLMENT OF THE COMPETITION (INCLUDING, WITHOUT LIMITATION, THEIR IMMEDIATE FAMILY MEMBERS AND/OR PERSONS LIVING IN THE SAME HOUSEHOLD OF SUCH INDIVIDUALS) AND ANY ADVERTISING AND PROMOTION AGENCIES OF THE SCOUT HUB (INCLUDING THEIR IMMEDIATE FAMILY MEMBERS AND/OR PERSONS LIVING IN THE SAME HOUSEHOLD OF SUCH INDIVIDUALS) ARE NOT ELIGIBLE TO PARTICIPATE IN THE COMPETITION.
A single User may vote for one or several Top Performers uploaded by one or several Users.
No voting through fake profiles shall be counted as a genuine vote for the purposes of such Top Performers.
The winner of a Challenge shall be decided by us (or when possible- by an independent administrator and/or a professional judge), based on a variety of factors, including, without limitation, the number of votes (both actual, and unique) a Challenge obtains, the average amount of time a Challenge is viewed for, the number of repeat views of a Challenge. The User who is ultimately declared the winner may not necessarily be the person whose Challenge received the most votes. If you win a Challenge, we will notify you through your e-mail address or phone number, if you provided such information during registration process. In the event of a tie, a prize will be awarded for both tying Users.
Depending on the terms of a particular Challenge, User may only be permitted to upload and/or submit just one photo and/or one video.
Users can only use the camera/video feature available over The Scout Hub App for the purpose of capturing and uploading User Content.
Users must not be related to the party sponsoring a Challenge.
Each Challenge page states the days left for its closing. Please pay attention to these closing dates.
The participation in the Challenge is solely at your own risk. In no event will The Scout Hub be liable for any loss or damages whatsoever including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind, or for personal injury, resulting from or arising out of your participation in the Challenge, receiving the prize(s), your use of App and/or the User Generated Content.
The Scout Hub reserves the right, at its sole discretion, to disqualify and randomly select a new winner from the remaining Users according to these rules, time permitting and in the event that: (i) he/she is unreachable; (ii) he/she fails to provide The Scout Hub with satisfactory proof of age, identity and/or eligibility; (iii) he/she declines acceptance of the prize; or (iv) if in The Scout Hub's determination, he/she has not complied with these rules or obtained winner status using fraudulent means. Please note that in such events a new winner may be chosen even after the Challenge has ended and at The Scout Hub's sole discretion.
ANY PERSON ATTEMPTING TO DEFRAUD The Scout Hub OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE WILL BE DISQUALIFIED.
From time to time, The Scout Hub App and/or a third party sponsor, may, in its, their, his or her sole discretion, award prize(s) to the winner(s) of any Challenge. If and to the extent that one or more prizes is to be awarded in connection with any Challenge, the award of such prize(s) shall be subject to additional terms and conditions to be published herein at the time of such Challenge. The Prize(s) will be provided on an "AS IS" basis and its distribution or lack thereof or its nature or quality will not inflict any liability on The Scout Hub. The Scout Hub has no responsibility for the winner's inability to accept or utilize his/her prize(s) and is not, in any manner, liable for any warranty, representation or guarantee, express or implied, related to the prize(s), including without limitation any express warranties provided (if any) by the prize(s)'s supplier that are sent along with the prize(s). Lost or stolen prize(s) will not be replaced. You agree and acknowledge that the prize(s) constitutes the sole and entire compensation regarding your winning of the Challenge. You agree and acknowledge that this compensation constitutes sufficient compensation for any purpose under any jurisdiction. The inclusion of a product as a prize does not imply any association with or endorsement of such product by The Scout Hub.
Additionally, it is specifically acknowledged and agreed that:
Apple Inc. is not and shall not be a sponsor of any Challenge; and
No Apple Inc. product shall be a prize offered in connection with any competition.
17. Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider“) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
18. Special provisions relating to Third Party Components
The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and The Scout Hub disclaims all liability related thereto. You acknowledge that The Scout Hub is not the author, owner or licensor of any Third Party Components, and that The Scout Hub makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software. A list of Third Party Components that their licenses require certain notification, is available in the App or its documentation and will be updated from time to time.
The Services' availability and functionality depends on various factors, such as communication networks. The Scout Hub does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
20. Changes to The App
The Scout Hub reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that The Scout Hub shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this App or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
The Scout Hub has no obligation to provide upgrades or new releases of the App under these Terms. However, if The Scout Hub supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates.
21. Disclaimer of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP AND THE CONTENT, THE USER GENERATED CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE SCOUT HUB, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "THE SCOUT HUB' REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP AND/OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT THE SCOUT HUB WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, (III) THAT THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR MOBILE DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND THE SCOUT HUB AND THE SCOUT HUB' REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP CONTENT AVAILABLE THEREON OR THROUGH THE APP (INCLUDING THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS). THE SCOUT HUB AND THE SCOUT HUB' REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE APP AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
22. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE SCOUT HUB, INCLUDING THE SCOUT HUB' REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP AND/OR THE CONTENT YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE FAILURE OF THE APP TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF THE SCOUT HUB TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE SCOUT HUB OR THE SCOUT HUB' REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE SCOUT HUB (OR THE SCOUT HUB' REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE SCOUT HUB' AND THE SCOUT HUB' REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE SCOUT HUB FOR USE OF THE APP OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE SCOUT HUB' REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless The Scout Hub, including The Scout Hub Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the App; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the App; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App; and (v) the User Generated Content that you uploaded through the use of the App. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
24. Amendments to the Terms
The Scout Hub may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and will send you an email regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via email, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
At any time, The Scout Hub may block your access to the App and/or temporarily or permanently limit your access to the App, at its sole discretion, in addition to any other remedies that may be available to The Scout Hub under any applicable law. Such actions by The Scout Hub may be taken, for example, if The Scout Hub deems that you have breached any of these Terms in any manner. Additionally, The Scout Hub may at any time, at its sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that The Scout Hub does not assume any responsibility with respect to, or in connection with the termination of the App' operation and loss of any data, including the User Generated Content. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the provisions of the Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.
(a) These Terms constitute the entire terms and conditions between you and The Scout Hub relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the App or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of TEXAS without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of AUSTIN, TEXAS. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, The Scout Hub may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by The Scout Hub, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
28. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an email to firstname.lastname@example.org and we will make an effort to reply within a reasonable timeframe.
(Subscriptions on web)
Effective November 1, 2020
1. USE OF THE SERVICES; GENERAL TERMS
YOU ACKNOWLEDGE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO ANY CONTENT YOU SUBMIT AND THAT ANY CONTENT YOU SUBMIT MAY BE VIEWED BY OTHER USERS OF THE SERVICES.
You agree that:
a) You are solely responsible for the activity that occurs on your account and you must keep your account password secure.
b) You may never use another’s account without permission.
c) You will not reverse engineer, de-compile, disassemble or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Services, nor will you modify, adapt, translate or create derivative works based on the Services.
d) You will not copy the Services or evaluate the Services for purposes of competing with the Services, nor will you permit or facilitate third parties in evaluating the Services.
e) You will not remove, obscure or modify any markings or notice of proprietary rights of THE SCOUT HUB® or THE SCOUT HUB®’ licensors from any media, user interfaces or documentation accessible through the Services.
f) You will not use the Services to track, send, upload or store sensitive personal information, including, without limitation, personal financial information, protected health information or proprietary confidential information.
g) You will not post, upload or otherwise exchange any Content that is infringing, obscene, threatening, defamatory, fraudulent, abusive, harassing, or discriminatory, including Content that is infringing on third party intellectual property rights and/or third party privacy rights. THE SCOUT HUB® at its sole discretion, may determine whether any Content violates this Section 1(g).
h) You will not access, tamper with or use areas of the Services or THE SCOUT HUB®’ computer systems that exceed the scope of your authorization.
i) You will not knowingly transmit any viruses, trojan horses, trap doors, back doors, worms, time bombs, cancelbots or other malicious code or computer programming routines to the Services.
j) You will not post, upload or otherwise exchange any Content that violates any applicable local, state, national or international law.
2. USE OF CONTENT
Any and all Content displayed on, or transmitted via, the Services is provided to you AS IS and your access to and use of the Services and any Content are at your own risk. You may access the Content solely for your information and personal use. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Content for any other purposes.
You understand that when using the Services, you will be exposed to Content from a variety of sources, and that THE SCOUT HUB® is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Content. THE SCOUT HUB® may, but is not obligated to, monitor or control the Content posted via the Services. Any use or reliance on any Content posted via the Services or obtained by you through the Services is at your own risk. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against The Scout Hub® with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless The Scout Hub®, its owners, officers, directors and employees to the fullest extent allowed by law regarding all matters relating to your use of the Services and any Content posted via the Services.
THE SCOUT HUB® does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content submitted to the Services, or any opinion, recommendation, or advice expressed therein.THE SCOUT HUB® expressly disclaims any and all liability in connection with the Content. Under no circumstances will THE SCOUT HUB® be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
3. YOUR ACCOUNT, CONTENT AND CONDUCT
You may be required to create an account to use the Services. You are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify THE SCOUT HUB® immediately of any unauthorized access or use of your account or password, or any other breach of security.
We reserve the right to terminate your access, account or registration to the Services, at any time. Should THE SCOUT HUB® determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, THE SCOUT HUB® reserves the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and THE SCOUT HUB® from further damage or exposure. We do not assume any responsibility, and shall not be liable for any damages caused by or arising from your access to or use of the Services except where such limitation is prohibited by applicable law.
You are solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish Content you submit.
You covenant and agree that the Content you submit to the Services will not contain any third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant THE SCOUT HUB® all of the license rights granted herein.
THE SCOUT HUB® does not permit copyright infringing activities or infringement of intellectual property rights on the Services, and THE SCOUT HUB® may remove all Content if notified that such Content infringes on another’s intellectual property rights, as further set forth in Section 12 below, without notice, or liability, to you.
4. OWNERSHIP OF CONTENT
Any and all Content (other than your personal financial information) that you submit, post or display on or through the Services shall become the property of THE SCOUT HUB®. Once you submit, post or display any Content on or through the Services, you no longer have any right, title or interest in or to that Content (other than your personal financial information).
5. ACCOUNTS AND CONTENT
THE SCOUT HUB® reserves the right to terminate or suspend your account at any time.
6. THE SCOUT HUB® ’ INTELLECTUAL PROPERTY
7. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED HEREUNDER ARE OFFERED ON AN “AS-IS” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SCOUT HUB® , ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, ORAL, WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR-FREE OPERATION OR OTHERWISE HEREUNDER, ANY LIABILITY IN NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND IN NO EVENT SHALL The Scout Hub® BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES AND/OR ACCESS THE CONTENT. The Scout Hub® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE SCOUT HUB®, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE The Scout Hub® SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR THE USE OF ANY CONTENT POSTED, MESSAGED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The Scout Hub® IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU EXPRESSLY RELEASE, DISCHARGE AND AGREE TO SAVE HARMLESS THE SCOUT HUB®, INCLUDING ITS AGENTS, PARTNERS, EMPLOYEES, LICENSEES, ASSIGNS AND ALL OTHER PERSONS ACTING UNDER ITS PERMISSION OR AUTHORITY FROM AND AGAINST ANY AND ALL CLAIMS WHICH YOU HAVE OR MAY HAVE FOR INVASION OF PRIVACY, LIBEL, DEFAMATION OR ANY OTHER CAUSE OF ACTION ARISING OUT OF THE SCOUT HUB®’ RECORDAL, COLLECTION, STORAGE, REPRODUCTION, COMPILATION, DISPLAY, PERFORMANCE, PUBLICATION AND PUBLIC DISSEMINATION OF THE DATA GENERATED FROM YOUR USE OF THE SERVICES AND YOUR BIOGRAPHICAL MATERIALS, INCLUDING WITHOUT LIMITATION, BY VIRTUE OF ANY ERRORS THAT MAY OCCUR.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
We respond to notices of alleged copyright infringement in accordance with the processes set out in the Digital Millennium Copyright Act (“DMCA”). Copyright owners or agents thereof who believe that any Content infringes upon applicable copyrights may submit a notification to The Scout Hub® pursuant to the DMCA providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit The Scout Hub® to contact the claimant owner, such as an address, telephone number, and, if available, an electronic mail;
A statement that the claimant owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Scout Hub®’ designated Copyright Agent to receive notifications of claimed infringement is Legal Zoom. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as result of a mistake or a misidentification of the Content; and
Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in AUSTIN, TEXAS, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, The Scout Hub® may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at The Scout Hub®’ sole discretion.
We use commercially reasonable efforts to protect the security of your personal information by using industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. We safeguard the security of the data you send The Scout Hub® with physical, electronic, and managerial processes. We highly recommend that you take every precaution to protect your personal information when you are on the Internet. One way you can do so is by making sure you are using a secure web browser. Our website uses industry-standard Secure Sockets Layer (SSL) encryption on all ecommerce web pages where personal information is submitted by you. As an extra precaution, please make sure that you are using the latest version of an SSL-enabled browser. We recommend using Internet Explorer 4.0 or higher, Netscape 4.0 or higher, and the latest version of Safari. This will better protect the confidentiality of your personal information, including your credit card information, while it is transmitted over the Internet.
The Scout Hub® and you agree to arbitrate all disputes and claims between us arising out of this Agreement, or relating to the Services, websites or communications associated with this Agreement, on an individual, bilateral, non-class/non-representative basis. For purposes of this arbitration provision, references to The Scout Hub® and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, vendors, service providers, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or websites (each a “Covered Party” and collectively, “Covered Parties”). The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You agree that, by entering into this Agreement, you and all other Covered Parties are each waiving the right to a trial by jury or to participate in a class or collective action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The arbitration shall be conducted in accordance with the consumer arbitration rules of the American Arbitration Association (“AAA”). You can find a copy of the latest AAA rules for consumer disputes at www.adr.org, or we can provide you a copy if you request it. The arbitration shall take place in either the County of AUSTIN, TEXAS. The parties shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, each Covered Party shall separately pay its own attorney’s fees and costs. This arbitration provision shall survive termination of this Agreement and our relationship, or any relationship you may have with a Covered Party.
IF YOU DO NOT AGREE TO ANY OF THESE MANDATORY DISPUTE RESOLUTION TERMS AND CONDITIONS, DO NOT USE THE SERVICE.
Code of Conduct
The Scout Hub’s foremost priority is the satisfaction of the athletes, parents, coaches, schools and organizations using our web services or using The Scout Hub’s app. In order to assure the highest levels of satisfaction of our clients, The Scout Hub guarantees that our coaches and scouts will conduct themselves in the most professional and respectful manners. Through extensive research, vetting, and interviews, The Scout Hub has identified a group of coaches who consistently demonstrate the qualities we believe make them exemplary coaches and scouts.
Before you begin your evaluation and developmental process, you should have a clear understanding of the specific requirements we ask our coaches and scouts to meet:
What’s expected of our coaches and scouts?
In today’s world, there are tons of ideas. However, an idea will only be as good as the people involved. At The Scout Hub, our people, our coaches, our scouts are your coaches too.
We want to give you clear guidelines so that you know what is expected of our coaches and scouts every time you engage with them, before you ever dribble a ball or run a lap.
We ask all of our coaches to meet three basic requirements. By meeting these requirements, our coaches and scouts will be successful within The Scout Hub’s coaching platform, and ultimately, you will be too.
The requirements entail what you would expect from a company with world class customer service and organization:
● Coaches and scouts will always conduct themselves in a respectful and trustworthy manner. They will show respect to the sport, themselves, and their client, making the well-being of their client a priority. We believe this is the only way to allow for a productive and fulfilling training environment. They will not share any private information on social media, in person, or any other platforms.
● Coaches and Scouts will evaluate athletes to the best of their ability with their personal professional knowledge of each sports skills and techniques in which they are specifically qualified to teach. They will not knowingly put any athlete at risk in any way.
● Coaches and Scouts will maintain a consistent level of communication and responsibility with The Scout Hub’s Leadership Team. When The Scout Hub is contacted by an athlete or parent with a question regarding their evaluation or developmental program, we will work with our Coaches and Scouts and ask them to respond at their earliest convenience and no later than 48 hours after receiving a message from The Scout Hub customer service team to answer any questions or concerns regarding training or the athlete’s evaluation. This will allow for a proper timeline of communication to help the athlete train to get better. We understand that your time is valuable, and The Scout Hub’s goal is to help your game advance in productive, educated, safe and fun ways as possible.
With the increasing popularity of youth sports throughout the world, more and more people are able to call themselves coaches, scouts or trainers in one way or another. As a parent or athlete, it can be a difficult or even overwhelming process to find a coach you believe in. At The Scout Hub, we have developed a marketplace that only includes coaches and scouts with extensive skill and experience, and whose qualities fit directly into our Coaches Code of Conduct.