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PO BOX 5840 Kansas City, MO 64171-0840
Telephone: 1-800-SCOUTER
TERMS , COPYRIGHT NOTICE & SERVICE AGREEMENT
In general, the following summary statements of the TERMS, COPYRIGHT NOTICE & SERVICE AGREEMENT can be construed to hit the "highlights" of the document listed below. These summary statements should not be construed to be the complete agreement until incorporated with the DETAILED TERMS, and in cases of conflict the DETAILED TERMS shall supercede. We are just a group of Scout leaders trying to provide a resource, and are doing our best to make sure we do so properly.
SUMMARY STATEMENTS
1. SCOUTER Magazine (and its affiliates as specified below) is not officially affiliated with the Boy Scouts of America (BSA) or any other member organization of the World Organization of Scout Movements (WOSM) in any way, and does not claim, either expressly or through implied means, to speak for or on behalf of the BSA or any other organization recognized by WOSM.
2. SCOUTER Interactive consists of all SCOUTER Magazine sites and the entire US Scouting Service Project.
3. SCOUTER Magazine and SCOUTER Interactive are just distributors of information, and should not be considered publishers. Our web sites are just another vehicle for distributing information that might otherwise be found in public libraries.
4. We make every effort to note copyrighted information that appears on our sites (whether the information is copyrighted by us or another party. When taking information (where permitted) from our sites, please retain the specific Copyright notice that is included with that information.
5. The contents of our sites (including any databases contained therein) are licensed to web site users for non-commercial Scouting purposes. You are authorized to copy and use documents, graphics, or material published by sites subject to the following limitations:
1. All documents, graphics, and/or other resources found on our sites site cannot be used for commercial purposes or published in any archive made available to the public.
2. All documents, graphics, and/or other resources found on our sites may only be used within a Scouting or Youth organization to further the aims of that organization. If you would like to use these resources for any other purpose, we highly recommend that you consult with the author or originator of the file to make sure that your intended use is permissible.
All content of our sites is copyrighted
under normal copyright law. All of the original HTML, layout, artistic design, file naming
and organization are covered under this copyright. Individual files, programs, or artwork
that is copyrighted on our sites will retain such copyrights as originally given. In
consideration of this, you agree that any copy of these documents, graphics, or programs
which you use shall retain all copyright and other proprietary notices contained therein.
Protection of Other Copyrights:
Every effort has been made to ensure the accuracy of the information presented and every
effort has been made to insure copyright protection of all of the material found on our
sites. If, however, there is reason to believe that a copyright infringement has occurred,
please advise the SCOUTER Magazine immediately.
SCOUTER Magazine will make a preliminary review of any claim of infringement. If it
appears that there may have been an infringement, dispute materials will be removed from
our Internet sites until either permission has been obtained for use or a determination
has been reached that there was no infringement.
DETAILED TERMS
1. Definitions.
"SCOUTER Interactive" is all components of the web sites located on any server with a root domain of SCOUTER.COM or SCOUTER.NET or USSCOUTS.ORG (accept when indicated on specific pages) and is the interactive on-line service operated by SCOUTER Magazine on the World Wide Web of the Internet, consisting of information services and content provided by SCOUTER Magazine, affiliates of SCOUTER Magazine and other third parties. "Online Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of SCOUTER Interactive.
SCOUTER Magazine is a wholly owned subsidiary of T.I. Howerton Companies, Inc. and not officially affiliated with the Boy Scouts of America (BSA) or any other member organization of the World Organization of Scout Movements (WOSM) in any way. For the purposes of copyright protection, limitations of use, and rights granted under this agreement, any reference to SCOUTER Magazine, SCOUTER Interactive or the US Scouting Service Project (USSSP) shall be deemed as a legal reference to T.I. Howerton Companies, Inc. (our current parent company).
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to use of SCOUTER Interactive, including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of certain specific material contained in SCOUTER Interactive, sets forth the terms and conditions that apply to use of SCOUTER Interactive by Online Subscriber. By using SCOUTER Interactive (other than to read this Agreement for the first time), Online Subscriber agrees to comply with all of the terms and conditions hereof. The right to use SCOUTER Interactive is personal to Online Subscriber and is not transferable to any other person or entity. Online Subscriber is responsible for all use of Online Subscriber's Account (under any screen name or password) and for ensuring that all use of Online Subscriber's Account complies fully with the provisions of this Agreement. Online Subscriber shall be responsible for protecting the confidentiality of Online Subscriber's password(s), if any.
(B) SCOUTER Magazine shall have the right at any time to change or discontinue any aspect or feature of SCOUTER Interactive, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
SCOUTER Magazine shall have the right at any time to change or modify the terms and conditions applicable to Online Subscriber's use of SCOUTER Interactive, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SCOUTER Interactive, or by electronic or conventional mail, or by any other means by which Online Subscriber obtains notice thereof. Any use of SCOUTER Interactive by Online Subscriber after such notice shall be deemed to constitute acceptance by Online Subscriber of such changes, modifications or additions.
4. Equipment.
Online Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of SCOUTER Interactive and all charges related thereto.
5. Online Subscriber Conduct.
(A) Online Subscriber shall use SCOUTER Interactive for lawful purposes only. Online Subscriber shall not post or transmit through SCOUTER Interactive any material 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 or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SCOUTER Magazine's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Online Subscriber that in SCOUTER Magazine's discretion restricts or inhibits any other Online Subscriber from using or enjoying SCOUTER Interactive will not be permitted. Online Subscriber shall not use SCOUTER Interactive to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Online Subscribers of other on-line information services competitive with SCOUTER Interactive.
(B) SCOUTER Interactive contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SCOUTER Interactive are copyrighted as a collective work under the United States copyright laws. SCOUTER Magazine owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Online Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Online Subscriber may download copyrighted material for Online Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SCOUTER Magazine and the 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. Online Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Online Subscriber shall not upload, post or otherwise make available on SCOUTER Interactive any material protected by copyright, trademark or other proprietary right 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 Online Subscriber. Online Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of SCOUTER Interactive, Online Subscriber automatically grants, or warrants that the owner of such material has expressly granted SCOUTER Magazine the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Online Subscriber also permits any other Online Subscriber to access, view, store or reproduce the material for that Online Subscriber's personal use. Online Subscriber hereby grants SCOUTER Magazine the right to edit, copy, publish and distribute any material made available on SCOUTER Interactive by Online Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of SCOUTER Magazine, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) ONLINE SUBSCRIBER EXPRESSLY AGREES THAT USE OF SCOUTER INTERACTIVE IS AT ONLINE SUBSCRIBER'S SOLE RISK. NEITHER SCOUTER MAGAZINE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CNN INTERACTIVE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SCOUTER INTERACTIVE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CNN INTERACTIVE.
(B) SCOUTER INTERACTIVE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ONLINE SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT CNN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER ONLINE SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH ONLINE SUBSCRIBER.
(D) IN NO EVENT WILL SCOUTER MAGAZINE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SCOUTER INTERACTIVE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SCOUTER INTERACTIVE. ONLINE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SCOUTER INTERACTIVE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SCOUTER MAGAZINE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CNN INTERACTIVE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, SCOUTER MAGAZINE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
SCOUTER Magazine shall have the right, but not the obligation, to monitor the content of SCOUTER Interactive, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SCOUTER Magazine and to satisfy any law, regulation or authorized government request. SCOUTER Magazine shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SCOUTER Interactive. Without limiting the foregoing, SCOUTER shall have the right to remove any material that SCOUTER Magazine, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Online Subscriber agrees to defend, indemnify and hold harmless SCOUTER Magazine, 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 SCOUTER Interactive by Online Subscriber or Online Subscriber's Account.
9. Termination.
Either SCOUTER Magazine or Online Subscriber may terminate this Agreement at any time. Without limiting the foregoing, SCOUTER Magazine shall have the right to immediately terminate Online Subscriber's Account in the event of any conduct by Online Subscriber which SCOUTER Magazine, in its sole discretion, considers to be unacceptable, or in the event of any breach by Online Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
SCOUTER Magazine, SCOUTER Interactive, @SCOUTER.com, SCOUTER Compass, SCOUTER Catalog, NetRoster, and the US Scouting Service Project (USSSP) and each of their logos are trademarks of SCOUTER Magazine, PO Box 5840, Kansas City, MO 64171. All rights reserved. All other trademarks appearing on SCOUTER Interactive are the property of their respective owners. Additional trademarks may appear on SCOUTER Interactive which are not disclosed here but in fact are owned by SCOUTER Magazine, and exclusion from this provision does not invalidate their protection.
11. Third Party Content.
SCOUTER Magazine and SCOUTER Interactive is a distributor (and not a publisher) of content supplied by third parties and Online Subscribers. Accordingly, SCOUTER Magazine has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Online Subscribers or any other user of SCOUTER Interactive, are those of the respective author(s) or distributor(s) and not of SCOUTER Magazine. Neither SCOUTER Magazine 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 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through SCOUTER Interactive represents the opinions and judgments of the respective information provider, Online Subscriber, or other user not under contract with SCOUTER Magazine. CNN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SCOUTER Interactive by anyone other than authorized SCOUTER Magazine employee spokespersons while acting in their official capacities. Under no circumstances will SCOUTER Magazine be liable for any loss or damage caused by a Online Subscriber's reliance on information obtained through SCOUTER Interactive. It is the responsibility of Online Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SCOUTER Interactive. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for SCOUTER Interactive established by SCOUTER Magazine constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Missouri (home state of SCOUTER Magazine), without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Copyright © 1998 SCOUTER Magazine. All rights reserved.
