Effective April 2, 2014
i. Personal Financial Information. If you elect to purchase any Scout Services that are offered in exchange for a fee, including, without limitation: (i) any Premium Online Subscription; or (ii) any Magazine Subscription; or (iii) any additional services or products offered from time to time by Scout in exchange for payment (collectively, the “Scout Products”), you may be required to provide personal financial information such as credit card and billing information (“Personal Financial Information”) to an independent third party company (or companies) selected by Scout. You acknowledge and agree that any Personal Financial Information you provide via the Scout Services and all payment obligations for such Scout Products shall be governed by the terms of service of the applicable independent third party company responsible for collecting, transmitting and/or processing your Personal Financial Information. You must be 13 years of age or older to purchase a Scout Product. You are responsible for any and all charges to your Account. You acknowledge and agree that in the event the independent third party company experiences a data breach that compromises or otherwise affects your Personal Financial Information Scout will in no way be responsible or liable to you for any such breach.
Scout reserves the right to refuse the purchase of any Scout Product for any reason.
ii. Subscription Auto-Renewal. If you are a Member to any Scout Product, you will choose (or Scout will inform you of) the duration of your subscription (“Subscription Period”) when you first subscribe. When your Subscription Period to a given Scout Product ends, your Subscription will automatically renew for a renewal period that is the same duration as the original Subscription Period (each, an “Auto-Renewal Period”) (i.e., if your original Subscription Period is 3 months, your consecutive Auto-Renewal Periods will each be 3 months) . The credit card you use to subscribe will be charged automatically on the first day of any Auto-Renewal Period, unless you cancel prior to the first day of such Auto-Renewal Period per the terms set forth in (ii), below. The renewal charge for your Subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You authorize Scout to make such automatic renewal charges to your credit card. Furthermore, you acknowledge and agree that the authorization to charge your credit card for services shall automatically transfer to any successors or assigns of Scout for substantially similar services at the same or similar Site. You may review your Account and Subscriptions at any time by clicking the “My Profile” link.
iii. Subscription Cancellation and Refund Policy. If you would like to cancel your Subscription or prevent auto-renewal you may contact us during business hours via telephone at the number listed below that corresponds with the Subscription you are seeking to cancel. However, if you cancel your Subscription or if your Subscription is canceled or terminated by Scout pursuant to this Agreement in the middle of any Subscription or Auto-Renewal Period, you will not receive a refund for any unused portion of the current Subscription fee.
i. Generally. Certain Users may be permitted to post content to the Scout Services in accordance with this Agreement. If you post content to the Scout Services, Scout does not claim any ownership rights in any content that you may post, including all comments, images, Reviews (defined below), opinions or other content, whether posted by you through a User forum, on a message board, in “comments” sections or elsewhere and including any username or other identifying information posted by you (collectively, “User Content”); provided, however, that User Content shall not include any content posted by a User that is already owned by Scout or any Scout affiliates. After posting your User Content, as between Scout and you, you continue to retain all ownership rights in such User Content. By posting any User Content on or through the Scout Services, you hereby grant to Scout and our affiliates, licensees and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, modify, create derivative works based upon, publicly perform, publicly display, reproduce, and distribute such User Content on and through all media formats now known or hereafter devised, (including, without limitation, through the Scout Services, magazines or mobile devices), for any and all purposes including, without limitation, promotional, marketing, trade or commercial purposes. Scout’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. You are solely responsible for all User Content that you post.
ii. Reviews. The Scout Services may include, from time to time, a product testing center (“Testing Center”) where Users will be permitted to post reviews of certain products on the Site (collectively, “Reviews”). In addition to the prohibitions described in Paragraph 8 (Prohibited Content), you agree not to (i) write a fake Review, trade Reviews with other businesses, or compensate someone or be compensated to write or remove a Review; or (ii) defame the reputation of any manufacturer or distributor or products featured in the Testing Center. You acknowledge and agree that the license granted by you in Paragraph 6(i) permits Scout to republish your Reviews on the Site or in any affiliated magazine, along with certain identifying information such as a username and geographical location, if posted by you.
iii. User Content Representations and Warranties. You represent and warrant that: (i) you own the User Content posted by you on or through the Scout Services or otherwise have the necessary rights, licenses, consents and permissions to grant the license set forth in this Section; and (ii) the posting of your User Content on or through the Scout Services does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person; You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site.
iv. No Monitoring/Right to Takedown. Scout may takedown or delete any User Content that in the sole judgment of Scout violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Scout assumes no responsibility for monitoring the Scout Services for inappropriate User Content or conduct. If at any time Scout chooses, in its sole discretion, to monitor the Scout Services, Scout nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content (whether that is you or another User). Despite the terms of this Agreement and the Prohibited Content (defined below), other Users may post User Content that contains inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Scout assumes no responsibility or liability for this material. If you become aware of misuse of the Scout Services by any person, please contact us by clicking the “report” button on the webpage at issue, if any, or send an e-mail directly to firstname.lastname@example.org and include the nature of the misuse and include the URL of the related page in your e-mail.
If you wish to reproduce or distribute any Scout Content (including, without limitation, creating any derivative works thereof, such as fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise) found through the Scout Services you may submit a request for permission to reproduce or distribute such Scout Content by contacting Scout in writing at: Scout Media, Inc., 12301 Whitewater Drive, Minnetonka, MN 55343. Scout reserves the right to refuse any such request in its sole discretion.
Additionally, you may not embed the Site’s video player(s) on any website or other location that contains Prohibited Content.
Scout reserves the right to investigate and take appropriate legal action against anyone who, in Scout’s sole discretion, violates this provision, including without limitation, reporting such person to law enforcement authorities.
Scout respects the intellectual property of others, and requires that our Users do the same. Scout will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Scout has a policy of terminating repeat infringers in appropriate circumstances. If you believe that any material contained in this Site infringes your copyright, you should notify Scout of your copyright infringement claim in accordance with the procedure set forth below.
Please send notifications of claimed copyright infringement to this Site’s designated DMCA agent, at:
Scout Media, Inc.
Subject Line: Scout.com DMCA
Address: 12301 Whitewater Dr.
Minnetonka, MN 55343
To be effective, the notification must be in writing and contain substantially the following information (DMCA, 17 U.S.C. §512(c)(3) and §512(d)):i. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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 (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party 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
vi. A statement that the information in the notification is accurate and a statement, made under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact us at: email@example.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.