Welcome to IMScouting.com. By deciding to continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our Privacy Policy, govern IMScouting Ltd.'s relationship with you in relation to this website.
1. Acceptance of Terms
IMScouting Ltd. (hereinafter: "IMScouting", "we" or "us") provides the Service (as defined herein) to you, subject to the following terms of service (hereinafter: "TOS") which may be updated by us from time to time without notice to you. It is important for you to refer to these TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOS. You can review the most current version of the TOS at any time at: http://www.imscouting.com/terms-of-use/. Your use of the Service constitutes your acceptance of the TOS.
2. Service Description
IMScouting is a company which manages a service of an online football based database of information (the hereinafter: the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new IMScouting properties, shall be subject to these TOS. IMScouting may change, suspend or discontinue any aspect of the Service at any time. IMScouting may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. You agree that these TOS are personal to you and that you may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. IMScouting also may offer other services from time to time, which are governed by different terms of services.
3. Registration, Payment & Privacy Policy
Registration is required for the use of our Service. Access to certain portions of the site shall be limited for non-paying users. Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any IMScouting registration agreement conflict with the terms of this TOS, the registration agreement shall control.
In order register to our site, users are requested to give us their contact information, demographic information and additional information as found suitable in our sole discretion. The users' contact information is mainly used to contact the user if necessary. We will NEVER share your address and personal data with third parties, unless we receive a prior approval from you to do so.
Following the completion of the registration process, IMScouting shall deliver your user name and password to you by e-mail. You must keep your user name and password confidential at all times. Any breach of these TOS by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these TOS. You must take appropriate security measures to prevent unauthorized disclosure of your user name and password and you must notify IMScouting immediately if your password becomes known to any unauthorized user. You must notify IMScouting of any changes to your registration details.
For users who purchase any of our member packages, the prices of all subscription fees are clearly marked and are inclusive of VAT and duty (where applicable). Payment is to be made by credit or debit card and all credit and debit card information will be encrypted for security. Payments will automatically be processed to re-new your subscription to the member package, until you cancel your account.
You may cancel your subscription to your member's package at any time by providing us notice by e-mail to info@imscouting.com (the "Termination Notice"). The Termination Notice shall be titled "Subscription Cancellation" and shall include your username, password and ID#. Please note that it may take us up to seven (7) business days to process a Termination Notice, and therefore, you should send us such Termination Notice at least seven (7) business days prior to the next renewal date of your subscription. For the avoidance of any doubt, any Termination Notice filed later than seven (7) business days prior to an account renewal date (as can be viewed in your account details) shall only be processed following the upcoming renewal. Please be advised that no refunds are available, for whatever reason.
Each member package account is for a single user using a single computer at a time. IMScouting logs all interaction with the web site. If your user account is used by more than one user then the account will be suspended for one day. This suspension will increase by one additional day for each further occurrence. If you use more than one machine you must always log off on one computer before logging in on another to avoid any possible suspension.
Registration data and certain other information about you are subject to our Privacy Policy.
4. Representations and Warranties
You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.
You further represent, warrant and covenant that you will not: (a) reverse engineer or decompile (whether in whole or in part) any Software (as such term is defined below) available through the Service; (b) make copies, modify, reproduce, republish, post, transmit, distribute or alter all or any part of the Service or any materials contained on it.
5. Copyright; Trademark
All materials contained in the Service are protected by copyright and are owned and controlled by IMScouting and/or its affiliates. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from IMScouting.
IMScouting, IMScouting.com and other service marks, trademarks and logos displayed on the Service (hereinafter: the "IMScouting Trademarks") are the property of IMScouting Ltd. or its licensors. You agree not to display or use the IMScouting Trademarks in any manner.
Permission to use materials from the Service (hereinafter: the "Materials") is granted provided that: (a) The copyright notice appears in all copies; (b) Use of such Materials is for personal and non-commercial use only and will not be shared, copied or posted on any network computer or broadcast in any media; and (c) No modifications of the Materials are made.
6. Copyright Infringement (Compliance with the Digital Millennium Copyright Act)
In the event that you are a copyright owner or an agent of such a copyright owner, and believe that any content on IMScouting.com infringes upon your copyright, you are welcome to submit a notification pursuant to the Digital Millennium Copyright Act and providing us with the following information in writing (see 17 U.S.C 512(c)(3) for additional information):
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the CMLP to locate the material;
c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
d. The following statement: "I 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";
e. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
f. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IMScouting's designated copyright agent to receive notifications of claimed infringement can be contacted at: g.eyal@mor-law.com. A notice that fails to comply with the terms mentioned above may not be valid.
Please be advised that you may be liable for damages (including attorneys' fees and other expenses) if you materially misrepresent or claim that information posted on our website is infringing your copyrights. Therefore, if you are uncertain whether or not certain materials infringe your copyrights, we recommend that you first obtain qualified legal advice.
7. Service Content and Information; Features
The Service contains information, advice, text, materials, pictures, video and other goods and services (collectively, the "Materials") that are provided for your convenience and enjoyment. You should be aware that the Materials may contain errors, omissions, inaccuracies, outdated information, and inadequacies. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
Please be advised, that often, the information located on our website is opinion and not fact. We are glad to receive any comments you have with respect to the information posted on our website to: info@imscouting.com It is your responsibility to independently verify any information which you intend to rely upon, and we expressly disclaim any responsibility with respect thereto. If you are aware of any information on our website which is factually inaccurate, hurtful or illegal, we urge you to inform us so that we may act immediately to correct this.
Third party advertisers may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Service.
Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication
We do not represent or warrant that every action you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Service.
8. Your Content
From time to time, IMScouting may permit you to upload information, advice, text, data, software, messages and other materials to the Service (hereinafter: "Your Content"). Your Content is your sole responsibility. This means that you, and not IMScouting, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. IMScouting cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.
IMScouting does not claim ownership of Your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.
You acknowledge that we do not pre-screen Your Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.
You acknowledge and agree that IMScouting may archive Your Content and may also disclose Your Content at any time and for any reason.
Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.
9. Links
The Service may contain hyperlinks to other World Wide Web sites which are not included as part of the Service (hereinafter "Other Site/s"). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. IMScouting may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site, does not warrant or make any representation regarding any Other Site's accuracy or authenticity. The hyperlinks to any Other Site do not constitute an endorsement by IMScouting of any Other Site or resources, or their content. IMScouting is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by IMScouting of the Other Site.
Any Other Site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, IMScouting content; (c) shall not imply that IMScouting is endorsing or sponsoring it or its products; (d) shall not present false information about IMScouting or its products or services; (e) shall not use Trademarks (as such term is defined below) without the prior written permission from IMScouting; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.
Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.
10. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, PICTURES, VIDEO, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IMSCOUTING MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. IMSCOUTING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IMSCOUTING DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, IMSCOUTING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IMSCOUTING SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IMSCOUTING BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR IMSCOUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.
12. Indemnity
You agree to defend, indemnify and hold IMScouting harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation, your use of the Service. Specifically, without derogating from the generality of the foregoing, you agree to defend, indemnify and hold IMScouting harmless against any loss or damage arising from your unauthorized use of the web site or your disclosure of any password or user name and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these TOS.
Notwithstanding the foregoing, IMScouting retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against IMScouting herein under the terms and provisions of this Section 12 and in no event shall you settle any such claim without IMScouting's prior written approval.
13. Governing Law
THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
14. Miscellaneous
This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.
