This Agreement sets forth the terms and conditions which apply to your use of the and any other product or service offered by ScoutRecruiting through the ScoutRecruiting Website. The right to use the ScoutRecruiting Website and any other product or service offered by ScoutRecruiting through the ScoutRecruiting Website is personal to you and is not transferable to any other person or entity.

1. Definitions. The "Service" is the personalized ScoutRecruiting information and interactive service operated by ScoutRecruiting on the World Wide Web of the Internet accessible through the ScoutRecruiting Website. "Member" means each person who registers to use any of the products or services, or features thereof, of the Service for which registration is required or requested.
2. General. ScoutRecruiting shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, registration requirements and equipment needed for access or use.
3. Changed Terms. ScoutRecruiting shall have the right at any time to impose, change, or modify its other terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Service a revised version of this Agreement and notification by electronic or conventional mail. Any use of the Service by the Member after such notice (other than to terminate the Member's membership pursuant to Section 9 hereof) shall conclusively be deemed to constitute acceptance by the Member of such changes, modifications, additions, or deletions. The Member agrees to review the terms and conditions periodically to be aware of such revisions.
4. Member Conduct.

(A) The Service shall be used for lawful purposes only. No material shall be posted on or transmitted which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in ScoutRecruiting's judgment, restricts or inhibits any other user from using or enjoying the Service. Advertising or commercial solicitation may not be posted on or transmitted through the Service by Members.

 

(B) The Service contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. ScoutRecruiting owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. No Member may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Service will be permitted without the express-written permission of ScoutRecruiting and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Each Member acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.

(C) No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by the Member on the Service without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Member. The Member shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.

(D) Each Member shall provide ScoutRecruiting with accurate, complete and updated information as to his or her name and e-mail address provided by Member at registration.

(E) No Member may (i) select or use a Member name or e-mail address of another person with the intent to impersonate that person; (ii) use a Member name or e-mail address subject to the rights of any person other than the Member without authorization; (iii) use a Member name in violation of the intellectual property rights of any person; or (iv) use a Member name that ScoutRecruiting, in its sole discretion, deems offensive.

(F) The foregoing provisions of this Section 4 are for the benefit of ScoutRecruiting, its affiliates, and third-party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.

5. Third-Party Content. The Service contains content supplied by parties other than ScoutRecruiting. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and Members, are those of the respective author(s) or distributor(s) and not of ScoutRecruiting. Neither ScoutRecruiting nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Service represents the opinions and judgments of the respective information provider or Member, and not of ScoutRecruiting.
6. Indemnification. Each Member agrees to defend, indemnify, and hold harmless ScoutRecruiting, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by such Member.