This document constitutes a legally binding agreement between you and Skout, Inc. ("Skout") The Service(s) are not intended for use by children under 13 years of age.
Agreement to TermsBy accessing or using our Services, you agree that (1) you are age 13 or older, (2) you understand and agree to these Terms, and (3) if you are between the ages of 13 and 17, your legal guardian has reviewed and agrees to these Terms. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services. YOU AGREE THAT SKOUT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as may be expressly specified otherwise by Skout with respect to paid portions of the Services, we reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.
Who May Use the Services
You may use the Services only if you are 13 years or older and are not prohibited from using the Services under applicable law or under any provision of these Terms. Additional eligibility requirements are as follows.
Eligibility on Skout - Adult Community
You must be at least 18 years old to use the Skout Adult Site or to register for the Services. By using the Adult Site, you represent and warrant that you are at least 18 years old. If you're between the ages of 13-17, you may use Skout for Teens.
Eligibility on Skout - Teen Community
You must be at least 13 years old or older to use the Skout Teen Site or to register for the Services. By using the Teen Site, you represent and warrant that you are at least 13 years old. Please note that if you register for Skout for Teens, when you turn 18 you will automatically be migrated to the Skout Adult Site and your minor friends will be lost.
If you're younger than 13, go outside and play!
Eligibility on Skout - Criminal History and Background Checks of Users
By requesting to use, registering to use, and/or using the Adult or Teen Skout Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. Skout DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Skout reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with your representations and warrants above. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
Creating a Skout Account
To access and use the Services, you will need to register and create an account (your "Account"). You can do this by providing an email address and password or through your account with Facebook. When creating an Account, you will be required to provide certain personal information about yourself, including your age. If you choose to register your Account using your Facebook account, we will extract certain personal information from your Facebook account, such as your name, age, email address and other personal information that your privacy settings on your Facebook account permit us to access. Only users who are 18 or older may register an Account on BoyAhoy.
It's important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. Because Skout maintains separate communities for users who are between the ages of 13 and 17 and users who are 18 and older, it is especially important that you are truthful when identifying your age. Your profile may be deleted, and your Account may be terminated without warning, if we believe that you are under 13 years of age, if you represent yourself as under the age of 18 and we believe that you have misrepresented your age, or if we believe you are 18 or older and represent yourself as under 18.
You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
Content and Content Rights
For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.
Content Ownership, Responsibility and Removal
Skout does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Skout and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Skout a perpetual, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Skout on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it from your profile. However, in certain instances, some of your User Content (such as virtual gifts you give or chat messages you send) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Skout
Subject to your compliance with these Terms, Skout grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Virtual Items; Skout Points
You may obtain points through the Apps ("Skout Points") or other virtual items by engaging in certain actions (for example, by downloading third party apps) or purchasing them for the amounts set forth in the Apps. Skout Points and such other virtual items are referred to collectively as "Virtual Items." Virtual Items are digital items only, and regardless of the terminology used, have no cash value and may never be redeemed for "real world" money. Your right to use any Virtual Items that you obtain is limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Skout Points or other Virtual Items solely within the Apps, for example, to send "gifts" to other users, save pictures or use the "checked me out" functionality. Except for the limited rights described herein, you have no property interest or right or title in or to any Virtual Items, which remain the exclusive property of Skout. The scope, variety and type of Virtual Items that you may obtain can change at any time. Skout has the absolute right to manage, regulate, control, modify or eliminate such Virtual Items as it sees fit in its sole discretion, and Skout will have no liability to you or any third party for the exercise of such rights at any time.
Except where explicitly authorized within the Services, (i) transfers of Virtual Items between you and Account holders or third parties are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for "real world" money or otherwise exchange items for value; and (iii) Skout does not recognize any such purported transfers of Virtual Items, nor the purported sale, gift or trade in the "real world" of anything that appears in the Services. Any attempt to do any of the foregoing is a violation of these Terms and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account, a lifetime ban from the Service and/or possible legal action. All Virtual Items are forfeited if your Account is terminated or suspended for any reason or no reason, in Skout's sole and absolute discretion, or if Skout discontinues providing the Services or Virtual Items.
Acceptable Use Policy, Rules and Restrictions and Our Enforcement Rights
Acceptable Use Policy
We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you'll only use the Services for lawful purposes and in a manner that is consistent with our Acceptable Use Policy. If you use the Services in a manner that is inconsistent with our Acceptable Use Policy we may suspend or terminate your Account.
Rules and Restrictions
The Services are for your personal and noncommercial use only. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to the Services.
Conduct On Skout
You may not use Skout to:
- upload or transmit any Content that is unlawful, threatening, abusive, obscene, violent, patently offensive, invasive of another's privacy, contains personally identifiable information of another or promotes racism, bigotry, hatred or harm (including self-harm) or is otherwise objectionable;
- upload or transmit images which contain nudity, weapons, violence, or drugs;
- harm, stalk or otherwise harass another;
- impersonate, or misrepresent your relationship with, any person or entity (this includes pretending to be a minor if you are not);
- upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party;
- upload or transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation, or offer any contest, giveaway, or sweepstakes;
- upload or transmit software viruses or any other harmful computer code, files or programs, or use any data mining, robots, or similar data gathering or extraction methods;
- disrupt or impose an unreasonable burden on Skout (or another person’s use of Skout) or networks connected to Skout, or breach or attempt to breach the security of Skout; or
- register accounts or post Content automatically, systematically, or programmatically.
You further agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Keep your password private and secure, and always remember to log off of Skout at the end of each session.
You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
Skout is for your personal use only and you may not use it for any other purpose. You may not use Skout in connection with any commercial activity. Companies and other organizations may not become members of Skout nor use Skout without our express prior approval. We reserve the right to investigate any suspected unauthorized uses of Skout and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief.
We may establish general practices and limits concerning use of Skout, including without limitation the number of days that we retain Content, the number and size of posts and messages you may send or receive, and the space we allot on our servers for your use. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content. We may terminate accounts that are inactive for an extended period of time.
These guidelines are not exhaustive, and we have the right to make all judgments regarding the applicability of these guidelines – in letter or in spirit – in our sole and absolute discretion.
Safety and Security
We care about your safety and have created a resource to help you use our Services. Please review www.socialsafety.org for important tips to help you stay safe when using our Services. While we take steps to provide a safe user environment in our online communities, Skout is not responsible for the conduct, whether online or offline, of any user of its Services. If you are a member of our teen community, Skout encourages you to discuss with your parent(s) or guardian(s) online safety issues for all of your social media memberships, including your Skout account. Disclosure to Protect Abuse Victims
Notwithstanding any other provision of these Terms, Skout reserves the right, but has no obligation, to disclose any information that you submit to the Service if in its sole opinion Skout suspects or has reason to suspect that the information involves a party who may be the victim of abuse in any form. Abuse may include without limitation elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Skout, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include without limitation law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Skout is permitted to make such disclosures.
Skout's Enforcement Rights
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so including, but not limited to, for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or inß violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Complaints and Law Enforcement Contact Information
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ), visit www.socialsafety.org or by contacting email@example.com. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Skout via email to firstname.lastname@example.org. All other communication or inquiries sent to this email address will be discarded.
Disputes and Arbitration
You agree that any dispute relating in any way to these Terms or Skout, including without limitation your or third parties’ access to or use of Skout, will be resolved by binding arbitration as discussed below and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA).
YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE IF YOU TELL US WITHIN 60 DAYS OF YOUR FIRST DOWNLOAD OR USE OF SKOUT THAT YOU WANT TO OPT OUT. IF YOU WANT TO OPT OUT, SEND A WRITTEN NOTICE ADVISING US OF YOUR DECISION. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING THE RIGHT TO HAVE A DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENTAL TRIBUNAL.
YOU AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELATING TO CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT A NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
We will pay any costs that are required to be paid by us under the arbitration administrator’s rules. Even if not otherwise required, we will reimburse you up to $500 for any initial arbitration filing fees that you have paid. We will also pay any fees of the arbitrator and the arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the arbitration administrator’s rules and applicable law. If you are unable to afford any fees that you would otherwise be required to pay, you may request us to pay or reimburse them, and we will consider your request.
Rules and forms for filing an arbitration claim can be found at www.jamsadr.com or www.adr.org. Arbitration hearings will take place in the federal judicial district that includes your address at the time the arbitration is filed.
Permitted Time For Filing A Claim or Lawsuit
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Skout or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Skout respects copyright law and expects its users to do the same. It is Skout's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please provide claims of copyright or other intellectual property infringement to us at email@example.com. We will consider the information you provide and other information we may obtain, and we may remove Content that we determine may infringe on your rights in our sole discretion.Links to Third Party Sites or Resources
The Services may include links to other apps or sites that are not operated by us, including through advertisements. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such apps or sites. If you decide to download a third-party app or access a third-party site, even if you do so to earn "free Skout Points", you assume all risk related to such access and use.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of Skout and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. You agree that unless otherwise prohibited by law, Skout may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
We may terminate your access to and use of the Services, at our sole discretion, at any time, for any reason or no reason, and without notice to you. You may deactivate your Account at any time by clicking the "Deactivate Account" button within your Settings page. When you deactivate your account, your profile and Account will not be viewable by other members of the Services. If you do not reactivate your account within 60 days, your Account will be terminated and closed. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR ANY CONTENT.
Limitation of Liability
NEITHER SKOUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES (REGARDLESS OF HOW SUCH DAMAGES ARE CHARACTERIZED) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKOUT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESES EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE TOTAL LIABILITY OF SKOUT OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS OR AGENTS (COLLECTIVELY, THE "SKOUT PARTIES") ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO SKOUT FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKOUT AND YOU.
These Terms constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements we might have between us regarding the Services. These terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflicts of law principles. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Skout's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Skout may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Skout under these Terms, including those regarding modifications to these Terms, will be given: (i) by Skout via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Skout's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Skout. As used in these Terms, the word "including" means "including but not limited to." Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.
Questions & Contact Information
Please contact us at firstname.lastname@example.org you have any questions about our Terms.
Mail: MeetMe, Inc.
100 Union Square Drive
New Hope, PA 18938
Att’n: Legal Department
Last Updated February 16, 2017