Terms and Conditions
Last updated: January 19, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Application means the software program provided
by the Company downloaded by
You on any electronic device, named Scoutland
- Application Store means the digital distribution
service operated and developed by Apple Inc.
(Apple App Store) or Google Inc. (Google Play
Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled
by or is under common control with a party, where
“control” means ownership of 50% or more of the
shares, equity interest or other securities entitled to
vote for election of directors or other managing
- Account means a unique account created for You
to access our Service or parts of our Service.
- Company (referred to as either “the Company”,
“We”, “Us” or “Our” in this Agreement) refers to
Scoutland LLC, PO Box 24641, Edina, MN 55424.
- Content refers to content such as text, images, or
other information that can be posted, uploaded,
linked to or otherwise made available by You,
regardless of the form of that content.
- Country refers to: Minnesota, United States
- Device means any device that can access the
Service such as a computer, a cellphone or a digital
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Service refers to the Application.
- Terms and Conditions (also referred as “Terms”)
mean these Terms and Conditions that form the
entire agreement between You and the Company
regarding the use of the Service.
- Third-party Social Media Service means any
services or content (including data, information,
products or services) provided by a third-party that
may be displayed, included or made available by the
- You means the individual accessing or using the
Service, or the company, or other legal entity on
behalf of which such individual is accessing or using
the Service, as applicable.
These are the Terms and Conditions governing the
use of this Service and the agreement that operates
between You and the Company. These Terms and
Conditions set out the rights and obligations of all
users regarding the use of the Service.
Your access to and use of the Service is conditioned
on Your acceptance of and compliance with these
Terms and Conditions. These Terms and Conditions
apply to all visitors, users and others who access or
use the Service.
By accessing or using the Service You agree to be
bound by these Terms and Conditions. If You
disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The
Company does not permit those under 18 to use the
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with
Policy describes Our policies and procedures on the
collection, use and disclosure of Your personal
information when You use the Application or the
Website and tells You about Your privacy rights and
how the law protects You. Please read Our Privacy
Policy carefully before using Our Service.
When You create an account with Us, You must
provide Us information that is accurate, complete,
and current at all times. Failure to do so constitutes
a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password
that You use to access the Service and for any
activities or actions under Your password, whether
Your password is with Our Service or a Third-Party
Social Media Service.
You agree not to disclose Your password to any third
party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized
use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than You
without appropriate authorization, or a name that is
otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are
responsible for the Content that You post to the
Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the
right and license to use, modify, publicly perform,
publicly display, reproduce, and distribute such
Content on and through the Service. You retain any
and all of Your rights to any Content You submit,
post or display on or through the Service and You
are responsible for protecting those rights. You
agree that this license includes the right for Us to
make Your Content available to other users of the
Service, who may also use Your Content subject to
You represent and warrant that: (i) the Content is
Yours (You own it) or You have the right to use it and
grant Us the rights and license as provided in these
Terms, and (ii) the posting of Your Content on or
through the Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or
any other rights of any person.
The Company is not responsible for the content of
the Service’s users. You expressly understand and
agree that You are solely responsible for the Content
and for all activity that occurs under your account,
whether done so by You or any third person using
You may not transmit any Content that is unlawful,
offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise
objectionable. Examples of such objectionable
Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about
religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain
letters, any other form of unauthorized solicitation, or
any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is
designed or intended to disrupt, damage, or limit the
functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a
- Infringing on any proprietary rights of any party,
including patent, trademark, trade secret, copyright,
right of publicity or other rights.
- Impersonating any person or entity including the
Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or
not any Content is appropriate and complies with
this Terms, refuse or remove this Content. The
Company further reserves the right to make formatting and edits and change the manner any Content.
The Company can also limit or revoke the use of the
Service if You post such objectionable Content. As
the Company cannot control all content posted by
users and/or third parties on the Service, you agree
to use the Service at your own risk. You understand
that by using the Service You may be exposed to
content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no
circumstances will the Company be liable in any way
for any content, including any errors or omissions in
any content, or any loss or damage of any kind
incurred as a result of your use of any content.
Although regular backups of Content are performed,
the Company do not guarantee there will be no loss
or corruption of data.
Corrupt or invalid backup points may be caused by,
without limitation, Content that is corrupted prior to
being backed up or that changes during the time a
backup is performed.
The Company will provide support and attempt to
troubleshoot any known or discovered issues that
may affect the backups of Content. But You
acknowledge that the Company has no liability
related to the integrity of Content or the failure to
successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy
of any Content in a location independent of the
Intellectual Property Infringement
We respect the intellectual property rights of others.
It is Our policy to respond to any claim that Content
posted on the Service infringes a copyright or other
intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf
of one, and You believe that the copyrighted work
has been copied in a way that constitutes copyright
infringement that is taking place through the Service,
You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed
description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting
that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital
Millennium Copyright Act (DMCA) by providing our
Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the
- A description of the copyrighted work that You
claim has been infringed, including the URL (i.e.,
web page address) of the location where the copyrighted work exists or a copy of the copyrighted
- Identification of the URL or other specific location
on the Service where the material that You claim is
infringing is located.
- Your address, telephone number, and email
- 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.
- A statement by You, made under penalty of perjury,
that the above information in Your notice is accurate
and that You are the copyright owner or authorized
to act on the copyright owner’s behalf.
You can contact our copyright agent via email at
email@example.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including
removal of the challenged content from the Service.
The Service and its original content (excluding
Content provided by You or other users), features
and functionality are and will remain the exclusive
property of the Company and its licensors.
This application and various aspects of this application
may be protected by federal statutory and
common law copyright protection, federal statutory
and common law trademark and service mark
protection, federal statutory and common law trade
dress protection and federal patent protection. Any
infringement of the intellectual property rights of
this application will be aggressively prosecuted.
Verification of such may be made by the patent,
trademark, and copyright law firm of Johnson and
Phung LLC, website www.mnpatentlaw.com
and more specifically, Thomas Phung of
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason
such assignment is ineffective, You agree to grant
the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use,
reproduce, disclose, sublicence, distribute, modify
and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web
sites or services that are not owned or controlled by
The Company has no control over, and assumes no
responsibility for, the content, privacy policies, or
practices of any third party web sites or services.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged
to be caused by or in connection with the use of or
reliance on any such content, goods or services
available on or through any such web sites or
We strongly advise You to read the terms and
conditions and privacy policies of any third-party web
sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach
these Terms and Conditions.
Upon termination, Your right to use the Service will
cease immediately. If You wish to terminate Your
Account, You may simply discontinue using the
Limitation of Liability
Notwithstanding any damages that You might incur,
the entire liability of the Company and any of its
suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be
limited to the amount actually paid by You through
the Service or 100 USD if You haven’t purchased
anything through the Service.
To the maximum extent permitted by applicable law,
in no event shall the Company or its suppliers be
liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or
other information, for business interruption, for
personal injury, loss of privacy arising out of or in
any way related to the use of or inability to use the
Service, third-party software and/or third-party
hardware used with the Service, or otherwise in
connection with any provision of this Terms), even if
the Company or any supplier has been advised of
the possibility of such damages and even if the
remedy fails of its essential purpose.
Some states do not allow the exclusion of implied
warranties or limitation of liability for incidental or
consequential damages, which means that some of
the above limitations may not apply. In these states,
each party’s liability will be limited to the greatest
extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS
AVAILABLE” and with all faults and defects without
warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own
behalf and on behalf of its Affiliates and its and their
respective licensors and service providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Service,
including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and warranties that may arise out of
course of dealing, course of performance, usage or
trade practice. Without limitation to the foregoing,
the Company provides no warranty or undertaking,
and makes no representation of any kind that the
Service will meet Your requirements, achieve any
intended results, be compatible or work with any
other software, applications, systems or services,
operate without interruption, meet any performance
or reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company
nor any of the company’s provider makes any representation or warranty of any kind, express or
implied: (i) as to the operation or availability of the
Service, or the information, content, and materials or
products included thereon; (ii) that the Service will
be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent
from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of
certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply
to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law
rules, shall govern this Terms and Your use of the
Service. Your use of the Application may also be
subject to other local, state, national, or international
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute
informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will
benefit from any mandatory provisions of the law of
the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States
government embargo, or that has been designated
by the United States government as a “terrorist
supporting” country, and (ii) You are not listed on any
United States government list of prohibited or
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed
and interpreted to accomplish the objectives of such
provision to the greatest extent possible under
applicable law and the remaining provisions will
continue in full force and effect.
Except as provided herein, the failure to exercise a
right or to require performance of an obligation
under this Terms shall not effect a party’s ability to
exercise such right or require such performance at
any time thereafter nor shall be the waiver of a
breach constitute a waiver of any subsequent
These Terms and Conditions may have been translated if We have made them available to You on our
Service. You agree that the original English text shall
prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to
modify or replace these Terms at any time. If
a revision is material We will make reasonable
efforts to provide at least 30 days’ notice
prior to any new terms taking effect. What constitutes a material change will be determined
at Our sole discretion.
By continuing to access or use Our Service after
those revisions become effective, You agree
to be bound by the revised terms. If You do not
agree to the new terms, in whole or in part,
please stop using the website and the Service.
If you have any questions about these Terms and
Conditions, You can contact us:
- By email: firstname.lastname@example.org