Scout.com Terms of Service
Scout Media, Inc. (for purposes of this Terms of Service, “Scout” “we”
) operates a digital media network and e-commerce store, offers public forums, and publishes exclusive content focused on sports enthusiasts as well as other enthusiast-based channels through Scout’s web site http://www.scout.com and certain related websites that contain a link to this Terms of Service (collectively, the “Site”
), among other things. This Terms of Service, together with the Copyright Policy (collectively, the “Agreement”
) sets forth the legally binding terms for your use of the services and features offered through the Site, such as premium online content, participation in forums, purchase of products, and any other features, content, or applications offered from time to time by Scout in connection with Scout’s business, including when accessed via the Internet, mobile or other device (collectively, the “Scout Services”
). Please read this Agreement carefully. You are only authorized to use the Scout Services if you agree to abide by the terms of this Agreement and all applicable laws. If you do not agree, you should leave the Site and discontinue use of the Scout Services immediately. Your use of the Site in any manner constitutes your agreement to and acceptance of the terms of this Agreement.
User, Scout, Prohibited and Forum Content
- Levels of Membership
The Scout Services offer various levels of membership, which determine the level of access you have to the Site, among other things. You are a “Registered User” if you have signed up using your email address through the “Register” page on the Site. You are a “Member” to the Site if you have signed up using at least your email address and provided payment information, where applicable, in order to receive: (i) one or more paid subscriptions to content on the Site (“Premium Online Subscriptions”); or (ii) one or more Scout subscriptions to any Scout magazine (“Magazine Subscriptions”) (each of (i)-(ii), a “Subscription”). The term "User" as used in this Agreement refers to a Visitor, a Registered User, a Member, or a customer on the Scout Store.
- User Eligibility and Obligations
If you are a Member or Registered User, you represent and warrant that you are at least thirteen (13) years of age. Further, you represent and warrant that if you provide data or information about yourself to Scout at any time, including when you subscribe or register (such information being the “User Data”), you agree to: (a) provide true, accurate, complete and current User Data; and (b) maintain and promptly update the User Data to keep it true, accurate, current, and complete. The Scout Services are for the personal use of Users only and may not be used in connection with any commercial endeavors (including advertising) unless specifically endorsed or approved by Scout in writing.
When you sign up to become a Registered User or Member, you will be asked to create an account by completing the Scout registration credentials and choosing a username and password (“Account”). You are entirely responsible for maintaining the confidentiality of your username and password. You agree not to use the Account, username, or password of another Registered User or Member at any time or to disclose your password to any third party. You agree to notify Scout immediately at firstname.lastname@example.org if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
- Scout Newsletters; Email Alerts
Scout may deliver newsletters and email alerts to Registered Users and Members on a variety of Scout Services and programming. If you would like to subscribe to any of the newsletters Scout offers, you may do so by visiting the area of the Site that you are interested in receiving newsletters or email alerts from. If you would like to change the email address to which your Scout newsletters are delivered, please go to your profile page and update your email address or visit the Site page where you subscribed to such newsletter. If you would like to unsubscribe from any Scout newsletter, you may do so by: (i) clicking the “unsubscribe” link that appears in any Scout newsletter you receive via email; or (ii) visiting the Scout Preference Center.
- Purchasing Scout Products
- 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”), or make a purchase on the Scout Store, you may be required to provide personal financial information such as credit card and billing information (“Personal Financial Information”) to Scout or its affiliates, or 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 18 years of age or older to purchase a Scout Product or use the Scout Store, including making a purchase on the Scout Store. 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.
- 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 (iii), 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.
- 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.
Notice and Procedure for Claims of Copyright Infringement
- User Content.
- 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, on the Scout Store, 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 reproduce, publish, translate, use, modify, create derivative works based upon, publicly perform, publicly display, 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, advertising, 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.
- Reviews. The Scout Services may permit Users to post reviews of certain content or products on the Site. We also enjoy hearing from our customers. By submitting a review for a product on the Scout Store or any other review on the Site (collectively, “Reviews”), you understand that Reviews are public and will be accessed and viewed by others. By submitting a Review, you acknowledge and agree that the license granted by you in Section 6(a)(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. In addition to the prohibitions described in Section 6(c) (Prohibited Content), you agree not to (i) write a fake Review, use another person’s account to submit a Review or pretend to be someone other than yourself that would mislead Scout or anyone else as to the origin of your Review; or (ii) trade Reviews with other businesses, or compensate someone or be compensated to write or remove a Review; or (iii) defame the reputation of any manufacturer or distributor of products. Further, all Reviews on Scout Store products should focus on what you liked or disliked about the product and your individual experience using it. You are solely responsible for the content of your Reviews and their accuracy. Scout accepts no responsibility and assumes no liability for any Review posted by you or anyone else. We reserve the right not to post or to delete any Review without notice.
- “Scout Expert” Reviews. Occasionally, products on the Scout Store will be reviewed by a “Scout Expert.” A “Scout Expert” is an individual Scout believes to have certain knowledge in their field. Products reviewed by a “Scout Expert” may be provided for free. If a “Scout Expert” is a Scout employee, contractor, or agent, this information will be disclosed with the review.
- 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.
- 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 email directly to email@example.com and include the nature of the misuse and include the URL of the related page in your email.
- Scout Content and Trademarks.
The Scout Services contain content other than the User Content, including articles, photographs, graphics, video content, RSS feeds, and other content or material which is owned or controlled by Scout or its licensors (collectively, “Scout Content”). By this Agreement, Scout hereby grants you a limited license to use the Scout Services and Scout Content, for your own private, non-commercial viewing purposes. Accordingly, you expressly acknowledge and agree that Scout transfers no ownership or intellectual property interest or title in and to the Site, Scout Services or Scout Content to you or anyone else. All text, graphics, user interfaces, photographs, sounds, computer code (including html code), software, documentation, as well as the selection, coordination, expression, “look and feel,” and arrangement of any content provided to you through the Scout Services (excluding User Content), are owned, controlled, or licensed by Scout or Scout’s licensors. Scout, the Scout logo, and all other names, logos, and icons identifying Scout and its products and services are proprietary trademarks of Scout or Scout’s licensors and any use of such marks without express written permission is strictly prohibited. Other product and company names or logos displayed through the Scout Services may be the trademarks of their respective owners. All rights in or to the Site and the Scout Services not granted herein are expressly reserved to Scout or its licensors.
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.
- Content/Activity Prohibited.
The following, in addition to the general rules of conduct described in this Agreement, is a representative list of the kinds of Content that are illegal or prohibited to post on or through the Site or the Scout Services (“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, removing the offending communication from the Scout Services and terminating such User’s Agreement (and the right to use the Scout Services). The Prohibited Content includes, but is not limited to content that, in the sole discretion of Scout: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) exploits people in a sexual or violent manner; (iii) contains nudity, violence, or offensive subject matter not suitable for a public forum or contains a link to an adult website; (iv) solicits personal information from anyone under 18; (v) provides any telephone numbers, street addresses, last names, URLs, email addresses, or other forms of contact information (other than your own User Data provided directly to Scout in the process of registering or subscribing); (vi) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, movies, tv programs, music, or links to any of the foregoing; (vii) involves the transmission of “junk mail,” or unsolicited mass mailing, instant messaging, “spimming,” “spamming;” or contains any advertisements or references to other products, offers, or websites; (viii) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (ix) interferes with, disrupts, or creates an undue burden on the Site or the networks or services connected to the Site; or (x) attempts to impersonate another User or person.
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.
- Message Boards and Public Forums.
You acknowledge that certain Scout Services, such as public forums and features, are for public and not private communications, and you have no expectation of privacy with regard to any User Content posted, submitted or distributed on or through a public forum. Scout cannot guarantee the security of any information you disclose through any of these public forums; you make such disclosures at your own risk. Scout affiliate publishers (each an “Affiliate Publisher” collectively the “Affiliate Publishers”) may have their own forum guidelines that are outside of Scout’s control. Please check the appropriate Affiliate Publisher web site for additional information, terms and guidelines as each Affiliate Publisher web site’s forum guidelines may vary.
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 on this Site infringes your copyright, you should notify Scout of your copyright infringement claim in accordance with the procedure set forth in Scout’s Copyright Policy.
The Scout Services may contain advertisements and promotions from third parties, which are not operated or provided by Scout. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Scout, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Scout is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers through the Scout Services. When you access these third-party sites, whether or not sites operated by companies affiliated or connected with Scout, you do so at your own risk.
If you send any unsolicited submissions to Scout (including, without limitation, any ideas, story concepts, editorial content, etc., through any public forum), such submissions and any copyright become the property of Scout and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Scout sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Scout, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Sweepstakes and/or Contests
Please note that Scout reserves the right to modify the terms and conditions of this Agreement by posting a revised Agreement on the Site or emailing notice thereof to you. Your continued use of the Scout Services following any announced change to will be deemed acceptance of any change to the terms and conditions of this Agreement.
This Agreement shall remain in full force and effect while you use the Scout Services or are a Member or a Registered User. Scout may terminate your Subscription or membership at any time, without warning. Even after Subscription or membership is terminated, those provisions which are intended by their nature to survive termination or expiration of this Agreement shall so survive, including without limitation Sections 6(a)(i), 6(a)(iv), 6(a)(v), 6(b) and 11.
Scout makes no representation that materials available through the Scout Services are appropriate or available for use in locations other than the United States of America. Those who choose to access the Scout Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
THE SITE, INCLUDING THE SCOUT SERVICES, IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. SCOUT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE OR THE INFORMATION AVAILABLE THROUGH THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY. THE USE OF THE SITE IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR DAMAGE CAUSED BY SUCH USE, INCLUDING THROUGH IMPROPER OR UNAUTHORIZED ACCESS TO THE USER DATA.
- Limitation on Liability.
IN NO EVENT SHALL SCOUT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, INCLUDING USE OF THE SCOUT SERVICES, EVEN IF SCOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SCOUT AND/OR THE SITE TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SCOUT DURING THE TERM OF MEMBERSHIP (AS ANY TYPE OF USER).
You agree to indemnify and hold Scout, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your use of the SITE OR SCOUT SERVICES in violation of this Agreement; (b) your breach of this Agreement; (C) SCOUT’S USE OF YOUR USER DATA IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT; or (D) YOUR User Content.
- U.S. Export Controls.
Software available in connection with the Site, if any (the “Software”), is further subject to United States of America export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
If there is any dispute about or involving the Scout Services, you agree that the dispute shall be governed by the laws of New York City, New York, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the New York City, New York, for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Scout Services.
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:
Steven Rindner, Copyright Agent,
Scout Media, Inc.
Subject Line: Scout.com DMCA
Address: 1270 Avenue of the Americas, 9th Floor
New York, NY 10020
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)):
- 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 (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);
- 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;
- 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
- 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: firstname.lastname@example.org
with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.