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Last Updated: October 12, 2009 Overview Welcome to Scoutwho.com ("the Website"), a social network dedicated to aspiring entertainers. By accessing or using the Website, you signify that you have read the following terms and conditions (the "Terms of Service") and accept and agree to be bound by them, whether or not you register with Scoutwho.com. Where applicable under law, these Terms constitute a "writing signed by you." Terms of Service We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. Eligibility You must be at least13 years or older to use Scoutwho.com. By registering for Scoutwho.com, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Scoutwho.com member ("Member"), and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. Use or membership with Scoutwho.com is void where prohibited. Community Conduct Scoutwho.com is made available for your personal use only. You may not use Scoutwho.com for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audios and videos, links and other content ("Materials") that you submit, post, and display on Scoutwho.com. We may, but shall have no obligation to, remove or limit access to Materials originating from any Scoutwho.com user that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party"s intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Scoutwho.com have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member"s use of the Website. Scoutwho.com reserves the right to deactivate user accounts and user names that have been inactive for more than 180 days. Conditions for Use You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Website. By way of example, and not as a limitation, you agree NOT to: * Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others. * Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information. * Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members. * Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others. * Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Scoutwho.com. * Create a false or misleading identity of, including, but not limited to, a Scoutwho.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others. * Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. * Use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website. * Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means. * Modify, adapt, translate, or reverse engineer any portion of the Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Website, except as expressly authorized by Scoutwho.com. * Reformat or frame any portion of the web pages that are part of the Website. * Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law. * Remove any copyright, trademark or other proprietary rights notices contained in or on the Website. * Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. * Interfere with another Member's use and enjoyment of the Website. * Harvest or collect email addresses or other contact information of Members, including usernames, from the Website by electronic or other means. Proprietary Rights Scoutwho.com does not claim any ownership rights in any Materials that you submit, post, or display on or through the Website. After submitting, posting or displaying Materials on or through Scoutwho.com or the Website, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Website, you hereby grant to Scoutwho.com and its agents a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with the Website or the promotion thereof. Without this license, Scoutwho.com would be unable to provide the Website. For example, without the right to modify your Materials, Scoutwho.com would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Scoutwho.com could not allow users and Members to listen to music posted by Members. The license you grant to Scoutwho.com is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Scoutwho.com), fully-paid and royalty-free (meaning that Scoutwho.com is not required to pay you for the use on the Website of the Materials that you post), sub licensable (so that Scoutwho.com is able to use its affiliates and subcontractors such as Internet and content delivery networks to provide the Website), and worldwide (because the Internet and the Website are global in reach). This license will terminate at the time you remove your Materials from the Website, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the Website, Scoutwho.com reserves the right to remove all of your Materials from other Member's pages. The license does not grant Scoutwho.com the right to sell your Materials. You represent and warrant that: (i) you own the Materials posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Website does not violate the privacy rights, publicity rights, copyrights, 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 Materials posted by you to or through the Website. The hosting of certain items that you post, such as video, may require your agreement to a separate license agreement or terms of use. Scoutwho.com and its affiliates and licensors own and retain all rights in Scoutwho.com, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Website by Scoutwho.com. Except as expressly authorized by Scoutwho.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Scoutwho.com's proprietary information. Privacy & Personal Information We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the Scoutwho.com Privacy Policy. Copyright Policy You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Scoutwho.com respects the intellectual property rights of others and reserves the right to terminate any user's access to the Website according to these terms of use if Scoutwho.com is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below: (i) statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a video or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Website (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner. Once you have completed the Notice, having included all of the information set out above, please send it to comments@scoutwho.com. If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Scoutwho.com. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Scoutwho.com in bad faith. Copyright Counter Notice If you believe that any material that you have uploaded on to the Website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below: (i) specific details of the material that has been removed or to which Scoutwho.com has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Scoutwho.com with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy). Once you have completed the Counter-Notice, having included all of the information set out above, please send it to comments@scoutwho.com. If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Scoutwho.com. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Scoutwho.com in bad faith. Internet Access Scoutwho.com shall not be responsible for any connection or access to Scoutwho.com by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Website via the Internet, and the Internet access charges thereon. You recognize that Scoutwho.com shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Website. Termination of the Website These Terms of Service will apply to your use of the Website. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership. Scoutwho.com may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Website, or any part thereof, with or without notice. You agree that any termination of access to the Website under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Scoutwho.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Where possible, Scoutwho.com will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Website. Further you agree that Scoutwho.com shall not be liable to you or any third party for any termination or suspension of access to the Website or modification of the Website. Disclaimer of Warranties Scoutwho.com and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (collectively, 'Scoutwho.com and its Affiliates') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, content or Materials displayed on the Website. Scoutwho.com and its Affiliates further expressly disclaims (1) that the Website will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Website or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Website or the content made available as part of the Website will be correct, accurate, timely, or otherwise reliable. Scoutwho.com and its Affiliates expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Website input by other Members is correct or accurate. SCOUTWHO.COM, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE WEBSITES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. SCOUTWHO.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. Hold Harmless and Indemnity You agree to hold harmless and indemnify, and at Scoutwho.com's request defend, Scoutwho.com, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Website, or your Materials, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Scoutwho.com will provide you with written notice of such claim, suit or action. Limitation of Liability YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL SCOUTWHO.COM, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE WEBSITE, WHETHER OR NOT SCOUTWHO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PART OF THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL SCOUTWHO.COM BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SCOUTWHO.COM OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED. Notices Scoutwho.com may provide you with notices regarding the Website or these Terms of Service by regular mail, email, or postings to this Web site. Legal Compliance You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website. Scoutwho.com reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Website, Scoutwho.com users, and the rights and property of Scoutwho.com and its affiliates. Miscellaneous These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Miami-Dade County, Florida. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of Scoutwho.com's affiliates are express and intended third party beneficiaries of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as Scoutwho.com. Without limiting the foregoing, under no circumstances shall Scoutwho.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and Scoutwho.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
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