Terms of Use
Terms of Use
By using the Kickscout apps, websites and Kickscout service you are agreeing to be bound by the following terms and conditions ("Terms of Use").
Basic Terms
- You must be 13 years or older to use Kickscout.
- You may not post nude, partially nude, or sexually suggestive photos.
- You are responsible for any activity that occurs under your accout.
- You are responsible for keeping your password and authentication methods secure
- You must not abuse, harass, threaten, impersonate or intimidate other Kickscout users.
- You may not use the Kickscout service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Kickscout service.
- You must not modify, adapt or hack Kickscout or modify another website so as to falsely imply that it is associated with Kickscout.
- You must not access Kickscout's private API by any other means other than the Kickscout application itself.
- You must not crawl, scrape, or otherwise cache any content from Kickscout including but not limited to user profiles and photos.
- You must not create or submit unwanted email or comments to any Kickscout members ("Spam").
- You must not use web URLs in your name without prior written consent from Kickscout, inc.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Kickscout, violate any laws in your jurisdiction (including but not limited to copyright laws).
- When you make a payment on Kickscout, you are making a friendly IOU. Kickscout is not responsible for any agreements made by its users.
- You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Kickscout, a Kickscout user, or a third party caused by or arising out of your breach of this agreement, and/or your use of the services. You agree to reimburse Kickscout, a User, or a third party for any and all such liability.
- When you Kick-in for a scouting, the recipient is not required to accept it. You agree that you will not hold Kickscout liable for any damages resulting from a recipient’s decision not to accept a payment.
- You agree to not publish or disclose credit card account number or banking information on Kickscout.
- If you are a business selling goods or services through Kickscout, please published return policy and a published privacy policy on your website.
- If you receive Information about another Kickscout user through the service, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a Kickscout user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.
- You authorize Kickscout directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, ordering a credit report and verifying your information against third party databases or through other sources. This process is for internal verification purposes and your information will not be shared.
- Violation of any of these agreements will result in the termination of your Kickscout account. While Kickscout prohibits such conduct and content on its site, you understand and agree that Kickscout cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Kickscout service at your own risk.
General Conditions
- We reserve the right to modify or terminate the Kickscout service for any reason, without notice at any time.
- We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
- We reserve the right to reclaim names on behalf of businesses or individuals that hold legal claim or trademark on those names.
- We may, at our discretion, impose limits on the amount of money you can send through our service.
- In order to manage risk, Kickscout may limit the prices, tips, and amounts kicked-in for any particular transaction or scouting.
- Protecting your privacy is very important to Kickscout. Please review our privacy policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
Proprietary Rights in Content on Kickscout
- Kickscout does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Kickscout Services. By displaying or publishing ("posting") any Content on or through the Kickscout Services, you hereby grant to Kickscout a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Kickscout Services.
- You represent and warrant that: (i) you own the Content posted by you on or through the Kickscout Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Kickscout Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Kickscout Services.
- The Kickscout Services contain Content of Kickscout ("Kickscout Content"). Kickscout Content is protected by copyright, trademark, patent, trade secret and other laws, and Kickscout owns and retains all rights in the Kickscout Content and the Kickscout Services. Kickscout hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Kickscout Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Kickscout Services.
- The Kickscout Services contain Content of Users and other Kickscout licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Kickscout Services.
- Kickscout performs technical functions necessary to offer the Kickscout Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Kickscout Services.
- Although the Site and other Kickscout Services are normally available, there will be occasions when the Site or other Kickscout Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Kickscout. Also, although Kickscout will normally only delete Content that violates this Agreement, Kickscout reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Kickscout in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Kickscout encourages you to maintain your own backup of your Content. In other words, Kickscout is not a backup service. Kickscout will not be liable to you for any modification, suspension, or discontinuation of the Kickscout Services, or the loss of any Content.
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