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;
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's 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;
- 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's 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's 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's jurisdiction
- 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.
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;
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 App is of a reasonable standard and
quality, the ScoutSwap App 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 APP 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
APP 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 APP 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 Application.
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 APPLICATION OR SERVICE OR INABILITY TO
USE OUR APPLICATION OR SERVICE, OR FOR ANY CONTENT, ERRORS
OR OMISSIONS, INFORMATION, INVESTIGATION, INTERRUPTION,
SECURITY BREACH, VIRUS, OR SOFTWARE ISSUE OR MALFUNCTION
RELATED TO THE APPLICATION 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 Application, 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.
Indemnity
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.