Terms of Service

Welcome

1.1. Thank you for using ScoutSwap. ScoutSwap operates a website named ”ScoutSwap”, available via https://www.scoutswap.co.uk (the ”website”, ”site”) that facilitates users trading Scouting badges (”badges”, ”patches”), neckers (”scarves”, ”neckies”, ”neckers”) (”Scouting items”) and other Scouting-related items (”ScoutSwap Service”) (”Service”).

1.2. The ScoutSwap Service is provided by ScoutSwap (”ScoutSwap”, ”we”, ”our” or ”us”). Your use of the ScoutSwap Service and the Service provided through it or related to it are governed by, and subject to, these Terms and Conditions.

Information about us

2.1. ScoutSwap is a not-for-profit ran by volunteers. We rely on advertisments and donations to maintain the ScoutSwap Service.

2.2. ScoutSwap maintainers can be contacted at the following email address: [email protected]

Information about you

Your privacy is important to us. Our Privacy Policy explains how we collect, use and share information about You. Using the ScoutSwap Service means that you agree with The Privacy Policy.

Description of the ScoutSwap Service

4.1. The ScoutSwap Service is a website that allows users to browse Scouting items and trade items with other Scouts.

4.2. When using any of these features, or any others on the website, You should comply with our Rules of Acceptable Use as detailed below.

Setting up your account

You need to be 13 or over to use ScoutSwap. You will have to set up an account to use ScoutSwap, and to provide personal information. Your account and personal information are important. Keep them safe and accurate.

5.1. Some features on the ScoutSwap Service are only accessible if you set up an account by choosing a username and password (Your “Account”). You will also be required to provide Your contact details, including Your email address.

5.2. You must be thirteen (13) years or older and capable of entering into a legally binding agreement under the laws of Your country of residence to use the ScoutSwap Service.

5.3. You are responsible for maintaining the confidentiality of Your login details and for any activities that occur under Your Account. If You have any concerns that Your Account may have been misused, You should contact us at [email protected] straight away to let us know.

5.4. You agree You will not create an account using false information, or on behalf of someone other than You. You are only permitted to have a single Account and may not use or access multiple accounts at the same time. You acknowledge and agree that Your Account is personal to You and that You are not entitled to transfer or lend Your account to any other person. You shall not rent, sell or give away Your Account Information. You are responsible for keeping Your Account information confidential and secure.

Your right to use the ScoutSwap Service

Enjoy using ScoutSwap but make sure you are following the rules. You must not let someone else use your account, and you are not allowed to use any content that is not yours (ie images, photos, trademarks, etc.) for other purposes than using ScoutSwap. If you see something that should not be on ScoutSwap, please tell us.

6.1. The materials and content comprising the ScoutSwap Service (other than any User’s own Content) belong to us or our third-party licensors, and we give You permission to use these materials and content for the sole purpose of using the ScoutSwap Service in accordance with these Terms of Service. You understand that Your use of the ScoutSwap Service is conditional on your consent to these Terms and no access to the Website can be given without the User’s consent.

6.2. Your right to use the ScoutSwap Service is personal to You and You are not allowed to give this right to any other person. Your right to use the ScoutSwap Service does not stop us from giving other people the right to use the ScoutSwap Service.

6.3. Unless allowed by these Terms of Service or as permitted by the functionality of the ScoutSwap Service, You agree:

not to copy, or attempt to copy the ScoutSwap Website or any other portion of the ScoutSwap Service;
not to copy, distribute or use the code of the ScoutSwap Website or any other portion of the ScoutSwap Service that we have not expressly published publicly for general use.
not to give or sell or otherwise make available the ScoutSwap Website or any other portion of the ScoutSwap Service to anyone else;
not to change, or attempt to change the ScoutSwap Website or any other portion of the ScoutSwap Service in any way;

6.4. You agree that all confidential information, copyright, and other intellectual property rights in the ScoutSwap Website or any other portion of the ScoutSwap Service belong to Us or the people who have licensed those rights to us.

6.5. You agree that you have no rights in or to the ScoutSwap Website or any other portion of the ScoutSwap Service other than the right to use and access them in accordance with these Terms of Service.

Your content

All the content you post on ScoutSwap must be yours and comply with our Rules of Acceptable use (see section 8.2 below). ScoutSwap will only use your content to provide the ScoutSwap Service, and will respect your rights and your privacy, but for safety reason, ScoutSwap will monitor and control what you post. Your Use of ScoutSwap is at Your own risk.

7.1. You confirm that any images, data, tags, chat, text or information that You make available or create (“User Content”) while using the ScoutSwap Service will conform to and comply with the Rules of Acceptable Use (see section 8.2, below).

7.2. We do not claim ownership of Your User Content, and ownership will remain with You and any third party whose content You include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the ScoutSwap Service (including allowing users that You give access to any User Content to view and use your User Content and including allowing User Content to be used in any ScoutSwap promotion or marketing materials).

7.3. You must ensure that you are able to grant, and do grant, us the above license for any content owned by a third party that You include in your User Content. If You have any information that You would like to keep confidential and/or do not want others to Use, do not make it available through the ScoutSwap Service. We have no responsibility to evaluate, Use or compensate You for any ideas or information You may choose to share or make available.

7.4. Our right to use Your User Content does not in any way affect Your privacy rights. Please see our Privacy Policy which provides information on how we use your personal information.

7.5. We have the right to monitor any User Content and usernames and to reject, refuse or delete any User Content or username where we think that it breaks any of the Rules of Acceptable Use, or for any reason in our sole discretion. You hereby provide Your irrevocable consent to ScoutSwap regulation, monitoring, copying and recording of User Content. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Content or Your username.

7.6. When You Use the ScoutSwap Service, You acknowledge and agree that there may exist offensive, indecent or otherwise objectionable material. ScoutSwap is not responsible for any User Content that is uploaded, transmitted, sent, communicated or otherwise made available through the ScoutSwap Service by You or other Users, is not responsible for monitoring the Service, and assumes no obligation to modify, edit, remove or delete for inappropriate content or conduct. ScoutSwap does not guarantee the quality, accuracy or integrity of User Content. ScoutSwap cannot be held liable for any such User Content, including, but not limited to, errors, loss or damage. Your Use of the Website or Service is at Your own risk.

Rules of Acceptable Use

When using ScoutSwap, you must respect and comply with certain rules (as listed in details in the “More Details” section), in particular:

comply with the security measures put in place by ScoutSwap and do nothing to bypass them;
use ScoutSwap only for trading Scouting items, not to sell for a profit;
submit or contribute any Content that contains nudity or violence or is abusive, threatening, harassing, defamatory, racist, obscene, misleading, impersonates another person or entity, or is untrue or offensive and/or User content relating to alcohol, narcotics, drugs, gambling, body modifications and potentially harmful or dangerous behavior;

If you do not use ScoutSwap in the right way, we can suspend your account. If you carry out illegal activities, we may also bring legal action and/or disclose that behavior to law enforcement authorities.

8.1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to Your use of the ScoutSwap Service (the “Rules of Acceptable Use”).

8.2. When using the ScoutSwap Service you must not:

circumvent, impair, overburden, disable or otherwise interfere with any security related features of the ScoutSwap Service;
give, or allow anyone else to give, any false or misleading information, impersonate any person or permit any other person to use the ScoutSwap Service under Your name or on Your behalf unless such person is authorised by You;
use the ScoutSwap Service if we have suspended or banned You from using it;
advocate, promote or engage in any illegal, improper or unlawful conduct or conduct that causes damage or injury to any person or property;
mislead users into sending property with a promise of sending other property, without upholding your obligation to send the property (”scamming”);
modify, interfere, intercept, scrape, disrupt or hack the ScoutSwap Service;
misuse the ScoutSwap Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm or disrupt the ScoutSwap Service or any user of the ScoutSwap Service own equipment;
make other Users pay for Scouting items in any way other than through direct swaps;
collect any data from the ScoutSwap Service other than in accordance with these Terms of Service;
submit or contribute any User Content that contains nudity or violence or is abusive, threatening, harassing, defamatory, racist, obscene, misleading, homophobic, impersonates another person or entity, or is untrue or offensive and/or User Content relating to alcohol, narcotics, drugs, gambling, body modifications and potentially harmful or dangerous behaviour;
submit or contribute any User Content that you do not own or do not have the right to use or otherwise infringes the copyright, trademark or other rights of a third party (including moral rights);
use any User Content in violation of any licensing terms;
submit or contribute any information or commentary about another person without that person permission;
threaten, abuse, or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety or that is likely to harass, upset, embarrass, alarm or annoy any other person or entity;
use any automated system, including without limitation ”robots”, ”spiders”, ”bots” or ”offline readers” or similar systems to access the ScoutSwap Service, including in a manner that can use or access the ScoutSwap Service in a way that is more than what a human could reasonably do in the same period of time;
use the ScoutSwap Service for marketing purposes;
use the ScoutSwap Service for any purpose considered unlawful in the User jurisdiction

8.3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking of all or any of the followings actions (with or without notice:)

immediate, temporary or permanent suspension of Your right to use the ScoutSwap Service in any way (including, but not limited to, account bans and IP bans);
issue of a warning to You;
legal action against You including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

8.4. The responses described in paragraph 8.3 are not limited, and we may take any other action we reasonably deem appropriate, in our sole discretion.

Notice and takedown policy

The easiest way to report content against our Rules of Acceptable Use is via the ”report” buttons on the Website.

9.1. Any person may contact us by sending us a notice (an “Infringement Notice”) if any content available through the ScoutSwap Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to [email protected]. Please provide the following information in the Infringement Notice:

the name and contact details (including a valid email address);
if the claim arises from infringement of copyrights, a statement identifying the work or works that claim to have been infringed;
a statement explaining in sufficient detail why you consider that the content available through the ScoutSwap Service infringes the rights or fails to comply with our Rules of Acceptable Use;
a link to or such other means of identifying the problematic content;
if the claim arises from infringement of Your copyright(s), a statement that (i) You have 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 (ii) the information in Your Infringement Notice is accurate, and under penalty of perjury, that You are the owner of the copyright(s) being infringed or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

9.2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to You within a reasonable period of time on the action we propose to take, which is within our sole discretion.

Closing your account

If you wish to permanently close your ScoutSwap account, you must contact us at [email protected].

ScoutSwap may also close your account if you do something prohibited by our terms or our policies.

10.1. If at any time You do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the ScoutSwap Service, you must immediately stop using the ScoutSwap Service.

10.2. We do not close accounts for prolonged periods of inactivity. If You would like to close your account you must notify us at [email protected].

10.3. We may immediately end Your access and use of the ScoutSwap Service if You violate the Rules of Acceptable Use, any other rule(s), or any other terms and conditions relating to the ScoutSwap Service, including these Terms or if you do not consent with our Terms.

10.4. If You or we end Your access or use of the ScoutSwap Service, or we withdraw the ScoutSwap Service, we may delete any User Content that You have uploaded to the ScoutSwap Service or any other information we hold about you. You will also lose any rights you have to use the ScoutSwap Service and Your access to any of your User Content. You should therefore ensure that You keep a personal copy of any User Content.

Our responsibility

ScoutSwap is not responsible for third party content available on ScoutSwap. ScoutSwap is provided “as is” and no other guarantees are given by ScoutSwap.

11.1. While we will do our best to ensure that the ScoutSwap Website is of a reasonable standard and quality, the ScoutSwap Website and any other portion of the ScoutSwap Service may contain some content owned or developed by third parties. As we do not own or produce such third-party content, we cannot be responsible for it in any way.

11.2. The ScoutSwap Service may be accessible internationally. However, some of its features or functions may not be assessable or appropriate for use and/or may not be available to all persons or in all geographic locations. In addition, there may be times when the Services or any part of them is not available for technical, maintenance, or other reasons, whether on a scheduled or unscheduled basis.

11.3. The ScoutSwap Service is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the ScoutSwap Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the ScoutSwap Service in these Terms and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

11.3.1. THE WEBSITE AND SCOUTSWAP SERVICE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE WEBSITE, SERVICE OR CONTENTS WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE WEBSITE AND SERVICE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER’S ACCESS TO, BROWSING, OR USE OF THE WEBSITE OR SERVICE OR THE DOWNLOADING OF ANY CONTENT THERETO. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to You based on where You reside or access Our Website.

11.4. EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR SERVICE OR INABILITY TO USE OUR WEBSITE OR SERVICE, OR FOR ANY CONTENT, ERRORS OR OMISSIONS, INFORMATION, INVESTIGATION, INTERRUPTION, SECURITY BREACH, VIRUS, OR SOFTWARE ISSUE OR MALFUNCTION RELATED TO THE WEBSITE OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF FORESEEN.

Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, Our liability shall be limited to the fullest extent permitted by law.

11.4.1. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material Used or displayed through the Website.

Changes to the ScoutSwap Service

You understand and agree that ScoutSwap and its features can be changed from time to time.

12.1. We are constantly updating and improving the ScoutSwap Service to try and find ways to provide you with new and innovative features and services. Improvements, changes and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and the ScoutSwap Service or to comply with technical, regulatory, or business needs.

12.2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the ScoutSwap Service or feature relating to the ScoutSwap Service (“changes to the ScoutSwap Service”). These changes to the ScoutSwap Service may affect your past activities on the ScoutSwap Service, features that You use and Your User Content (“Service Elements”). Any changes to the ScoutSwap Service could also change Your Service Elements being deleted or reset.

12.3. You agree that the ScoutSwap Service will take place over time and this is an important basis on which we grant You access to the ScoutSwap Service. Once we have made changes to any part of the ScoutSwap Service, Your continued use of the ScoutSwap Service will show that you have accepted any changes to the ScoutSwap Service. You are always free to stop using the ScoutSwap Service.

Changes to the terms

You understand and agree that these Terms can be changed from time to time.

13.1. We may revise these Terms of Service from time to time but the most current version will always be on the Website.

13.2. Changes will usually occur because of new features being added to the ScoutSwap Service, changes in the law or where we need to clarify our position on something.

13.3. All changes or updates to these Terms are effective immediately when posted, or later as may be specified in the notice of updated Terms. Your continued Use of the ScoutSwap Service after such an update confirms Your consent to and acceptance of such changes or updates. The most current version of these Terms will govern Your Use and access to the ScoutSwap Service, including without limitation, any content made available on or through the Website. If You object to any such changes, Your sole recourse is to cease accessing the ScoutSwap Service.

13.4. If you do not comply with these Terms of Service and we do not take action against You immediately, that does not mean we have given up any right we have and we may still take action in the future.

Indeminty

You acknowledge and agree to indemnify, defend and hold ScoutSwap harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of Your Use of the ScoutSwap Website or Service, or any breach by You of the Terms or Rules of Acceptable Use.

Severability

If any provision of these Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of these Terms.

Contact

16.1. If you need to contact us in relation to these Terms of Service, please email us at [email protected].

16.2. We value hearing from our users and are always interested in learning about ways we can improve the ScoutSwap Service. By providing your feedback, you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.