PRIVACY POLICY

SCOUT IT

Updated as of December 31, 2017

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

AGREEMENT TO TERMS

This Privacy Policy is a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and Karlie Colleen Photography LLC (“We,” “Us” or “Our”), concerning Your access to and use of the Scout It mobile application (“Application”), ScoutItApp.Com, and any other media form, media channel, mobile website, related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, You have read, understood, and agree to be bound by this Privacy Policy. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in Our sole discretion, to make changes or modifications to this Privacy Policy at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of this Privacy Policy and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review this Privacy Policy to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, those changes by Your continued use of the Site after the date such revised terms are posted.

WHAT INFORMATION DOES THE APPLICATION OBTAIN AND HOW IS IT USED?

User Provided Information 

The Site obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Site unless you register with us.

When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Site, and; (e) information you enter into our system when using the Site, such as contact information and project management information.

We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.

Automatically Collected Information 

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Does the Application collect precise real-time location information of the device?

When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant information. We will not share your current location with other users or partners.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

Do third parties see and/or have access to information obtained by the Application?

We may disclose User Provided and Automatically Collected Information:

  • as required by law, such as to comply with a subpoena, or similar legal process;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.

WHAT ARE MY OPT-OUT RIGHTS?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

DATA RETENTION POLICY, MANAGING YOUR INFORMATION

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information and may store it in aggregate. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

CHILDREN

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at ScoutItApp@Gmail.Com. We will delete such information from our files within a reasonable time.

SECURITY

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

YOUR CONSENT

By using the Application, you are consenting to our Processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer or hand-held device or using or touching information in any way, including, without limitation, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to ScoutItApp@gmail.com or write us at: 6326 W. Wagoner Road, Glendale, AZ 85308.

CONTACT US

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at ScoutItApp@Gmail.Com.

 

LISTING & PAYMENT POLICY

SCOUT IT

Updated as of December 31, 2017

PLEASE READ THIS CAREFULLY

AGREEMENT TO TERMS

This Listing and Payment Policy is a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and Karlie Colleen Photography, LLC (“We,” “Us” or “Our”), concerning Your access to and use of the Scout It mobile application (“Application”), ScoutItApp.Com, and any other media form, media channel, mobile website, related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, You have read, understood, and agree to be bound by this Listing and Payment Policy. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in Our sole discretion, to make changes or modifications to this Listing and Payment Policy at any time and for any reason. We will alert You about any changes by updating the “Updated” date of this Listing and Payment Policy and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review this Listing and Payment Policy to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, those changes by Your continued use of the Site after the date such revised terms are posted.

SUBSCRIPTIONS

A paid subscription (“Subscription”) through Your Apple iTunes Account is required to contact Hosts or book a Listing. Subscriptions are auto-renewable which means that, once purchased, they will be automatically renewed each month unless canceled through your iTunes Account in accordance with iTunes Policies. You can cancel your Subscription at anytime, however there will be no refunds or credits for partial Subscription periods. Subscription fees do not include and are separate from any amounts exchanged to book a Listing.

LISTINGS AND BOOKING

You are encouraged to list and host Your own location on the Site (“Listing”) or book a Listing through the Site. In order to make or receive payments through the Site for a Listing, You are required to provide certain documentation and information. We use Stripe as our payment processor. By registering a Listing, and/or making or accepting payment through the Site, you agree to be bound by the applicable provisions of Stripe’s Terms of Use including, without limitation, those provisions pertaining to PROCESSING FEES, SECURITY, PRIVACY, WARRANTY, LIABILITY, AND INDEMNIFICATION. We are not responsible or liable for the availability or accuracy of Stripe’s services, or the content, products, or services available from Strip. Links to Stripe services are not an endorsement by Us of such services.

When you add a payment or payout method to your account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information. You must provide accurate, current, and complete information when adding a payment or payout method, and it is your obligation to keep your payment or payout method up-to-date at all times. You are solely responsible for the accuracy and completeness of your payment or payout method information. We are not responsible for any loss suffered by you as a result of incorrect payment or payout method information provided by you. You authorize Us to store your payment method information and charge your payment method as outlined in this Listing and Payment Policy.

Pricing and terms of each Listing shall be made and clearly stated by each Host. Generally speaking, We will collect the Total Fees at the time a booking request is accepted by the Host. Each Host and Guest is responsible for their actions through, and arising out of, the Site and agrees, when acting in any way relating to the Site, to act in accordance with Our Terms of Use and to indemnify us for any actions not in accordance with this Listing and Payment Policy or any other policy or terms relating to the Site that have or may be distributed by any means afforded to Us.

We have put a lot of hard work into the Site for the purpose of connecting You with Hosts, Guests, and/or likeminded individuals. In exchange for that work and the use of this Site, in addition to any processing fees applied by Strip, we charge a fifteen percent (15%) commission (“Site Fee”) on all transactions made through the Site. We ask all of our users to be respectful of Our work and the service We provide. If for any reason we discover the You are engaging in third-party business outside of the Site, without our consent, You may be banned from the Site. A receipt will be generated for both the Host and Guest following a payment transaction, which will be shared through a dedicated function in the Application.

You must be at least eighteen (18) years old and able to enter into legally binding contracts to book a Listing. Payment for booking Listings may only available in certain countries pursuant to Stripe’s Terms of Use.

HOST TERMS

When creating a Listing through the Site you must (i) provide complete and accurate information about your Listing, (ii) disclose any deficiencies, restrictions, and requirements that apply, and (iii) provide any other pertinent information requested by Us. You are responsible for keeping your Listing information up-to-date at all times. When you accept a booking request, you are entering into a legally binding agreement with the Guest.

You are solely responsible for setting a price (including any applicable Taxes) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request. Any terms and conditions included in your Listing, in particular relating to cancellations, must not conflict with Our Terms and Conditions, this Listing and Payment Policy, or any other policy or terms relating to the Site that have or may be distributed by any means afforded to Us. Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of the Listing.

We recommend that Hosts obtain appropriate insurance for their Listing. You represent and warrant that any Listing you post and the booking of such Listing will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations.

In order to receive a payout you must have a valid payout method linked to your account. We may delay or cancel any payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation. Your payout for a Listing will be the Listing Fee less applicable Processing Fees, Site Fees, and Taxes. If the currency of your Listing Fee at the time of booking is different from your selected payout currency, amounts may be rounded up or down as described below. For compliance or operational reasons, We may limit the value of each individual payout. If you are due an amount above that limit, We may initiate a series of payouts (potentially over multiple days) in order to provide your full payout amount.

Each Host hereby appoints Us as their payment collection agent solely for the limited purpose of accepting funds from through the Site. In accepting appointment as the limited payment collection agent, We assume no liability for any acts or omissions of any user. Each Host agrees that We may refund any Guest in accordance with this Listing and Payment Policy. Each Host understands that Our obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests.

GUESTS TERMS

Subject to meeting any requirements set by the Host, you can book a Listing available on the Site by following the respective booking process. All applicable fees and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Account.

Upon receipt of a booking confirmation from a Host, a legally binding agreement is formed between you and that Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. We will collect the Total Fees at the time of the booking request.

You understand that a confirmed booking of a Listing is a limited license granted to you by the Host to enter, occupy and use the Listing for the duration of your stay. You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host.

We will generally collect Total Fees after the Host accepts your booking request. You hereby authorize Us to collect any amounts due including, without limitation, Total Fees, by charging the payment method provided at checkout, either directly by Us or indirectly, via a third-party online payment processor. We are not responsible for any fees that a third-party payment service provider may impose when We charge Your payment method, and We disclaim all liability in this regard.

MODIFICATIONS, CANCELLATIONS AND REFUNDS, RESOLUTION

Hosts and Guests are responsible for any modifications to a booking that they make via the Site or direct Us to make (“Booking Modifications“), and agree to pay any additional fees and/or Taxes associated with such Booking Modifications. Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and the Host agrees to provide any refund to the Guest in accordance with such cancellation policy. Bookings can only be cancelled in full, with no partial cancellations allowed. Once a booking is cancelled through the Site, it is irrevocably canceled and any modifications to that booking will require a new booking. IF A HOST CANCELS A BOOKED LISTING, IT SHALL BE THE HOSTS RESPONSIBILITY TO REFUND THE TOTAL FEES TO THAT GUEST. WE ARE NOT RESPONSIBLE FOR ANY REFUNDS OR CREDITS DUE TO THE CANCELLATION OF A BOOKED LISTING BY A HOST.

DAMAGES AND DISPUTES

If a Host claims and provides evidence that you as a Guest have damaged a Listing or any personal or other property (“Damage Claim“), the Host can seek payment from You. If a Host escalates a Damage Claim to Us, you will be given an opportunity to respond. If you agree to pay the Host, or We determine in our sole discretion that you are responsible for the Damage Claim, We will collect any such sums from you. We also reserve the right to otherwise collect payment from you and pursue any remedies available to Us in this regard in situations in which you are responsible for a Damage Claim. You agree to cooperate with and assist Us in good faith, and to provide Us with such information and take such actions as may be reasonably requested by Us, in connection with any Damage Claims or other complaints or claims. You shall, upon Our reasonable request and at no cost to You, participate in mediation or a similar resolution process, which process will be conducted by Us or a third party selected by Us or our insurer, with respect to any Damage Claim or other complaints or claims.

ROUNDING OFF AND TAXES

The Site facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. We may, in Our sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated.

As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“). Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution. You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Accommodation is located may require Taxes to be collected on any Listing, and to be remitted to the respective Tax Authority.

PROHIBITED ACTIVITIES

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of Our payment services. In connection with your use of Our payment services, you may not and you agree that you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or any of Our other terms or policies;
  • use Our payment services for any commercial or other purposes that are not expressly permitted by these terms;
  • register or use any payment or payout method with your account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us or any of our providers or any other third party to protect Our payment services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of Our payment services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

DISCLAIMERS

If you choose to use Our payment services, you do so voluntarily and at your sole risk. Our payment services are provided “as is”, without warranty of any kind, either express or implied. Notwithstanding Our appointment as the limited payment collection agent of Hosts for the purposes of accepting payments from Guests through the Site, we explicitly disclaim all liability for any act or omission of any user or other third party. We do not have any duties or obligations as agent except to the extent expressly set forth in these terms, and any additional duties or obligations as may be implied by law are expressly excluded. If we choose to conduct identity verification on any user, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future. These disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

You agree that some Listings may carry inherent risk, and by participating in those services, you choose to assume those risks voluntarily. For example, some may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in such. You assume full responsibility for the choices you make before, during and after your participation. If you bring a minor, you are solely responsible for the supervision of that minor throughout the duration of your booking and to the maximum extent permitted by law, you agree to release and hold Us harmless from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the booking or in any way related the Listing.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of Our payment services remains with you. If you permit or authorize another person to use your account in any way, you are responsible for the actions taken by that person. Neither Us nor any other party involved in creating, producing, or delivering Our payment services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) this Listing and Payment Policy, (ii) from the use of or inability to use Our payment services, or (iii) from any communications, interactions, or meetings with other users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of Our payment services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not We have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

INDEMNIFICATION

You agree to release, defend (in Our discretion), indemnify, and hold Us and Our affiliates and subsidiaries, and Our and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these terms; (ii) your improper use of Our payment services; or (iii) your breach of any laws, regulations, or third-party rights. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

COMPLIANCE WITH US LAWS

You may not use Our payment services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, Our payment services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Listing are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

GOVERNING LAW

This Listing and Payment Policy and your use of Our payment services are governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any dispute, controversy, or claim related to this Listing and Payment Policy and your use of Our payment services shall be resolved as set forth in the Site Terms of Use.

CONTACT US

If you have any questions regarding Our payment services, or have questions about our practices, please contact us via email at ScoutItApp@Gmail.Com.

TERMS & CONDITIONS

MOBILE APP TERMS & CONDITIONS

SCOUT IT

Updated as of December __, 2017

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and Karlie Colleen Photography LLC (“We,” “Us” or “Our”), concerning Your access to and use of the Scout It Application, the ScoutItApp.Com website and any other media form, media channel, mobile website, related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, You have read, understood, and agree to be bound by all of these Terms and Conditions of Use. IF You DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN You ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND You MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of these Terms and Conditions and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by Your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If You are a minor, You must have Your parent or guardian read and agree to these Terms of Use prior to You using the Site.

USER REGISTRATION AND SUBSCRIPTIONS

You may be required to register with the Site. You agree to keep Your password confidential and will be responsible for all use of Your account and password. We reserve the right to remove, reclaim, or change a username You select if We determine, in Our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

A paid subscription (“Subscription”) is required to contact Hosts or book a Listing. Please review Our Listing and Payment Policy. By using the Site, You agree to be bound by Our Listing and Payment Policy, which is incorporated into these Terms of Use. Subscriptions will auto-renew unless cancelled pursuant to Our Listing and Payment Policy. Payment for Subscriptions and/or booking Listings may only available in certain countries, listed in Our Listing and Payment Terms.

HOSTING, PAYMENT, AND DISPUTES

You are encouraged to list and host Your own location on the Site (“Listing”) or book a Listing through the Site pursuant to Our Listing and Payment Policy. Pricing and terms of each Listing shall be made and clearly stated by each Host. Each Host and Guest is responsible for their actions through, and arising out of, the Site and agrees, when acting in any way relating to the Site, to act in accordance with Our Listing and Payment Policy and to indemnify us for any actions not in accordance with these Terms of Use or any other policy or terms relating to the Site that have or may be distributed by any means afforded to Us. Payment for Listings and any related disputes will be handled as provided in Our Listing and Payment Policy.

We ask all of our users to be respectful of the hard work we do to connect You. If for any reason we discover the You are engaging in third-party business outside of the Site, without our consent, You may be banned from the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is Our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to us through third-parties, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for Your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.

Provided that You are eligible to use the Site and during the term of Your subscription, You are granted a revocable limited scope, non-transferable, non-sublicensable license to access and use the Site and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Site, Content, and the Marks.

API AND OPEN SOURCE SOFTWARE

We utilize Google APIs within the Site By using the Site, You agree to be bound by the applicable provisions of Google APIs Terms of Service including, without limitation those provisions pertaining to Clients, Security, Privacy, Warranty, Liability, and Indemnification.

Some of the software required by or included in the Site may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth Your agreement with Google for the applicable open source software.

USER REPRESENTATIONS

By using the Site, You represent and warrant that: (1) all registration information You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity and You agree to comply with these Terms of Use; (4) You are not under the age of 13; (5) You are not a minor in the jurisdiction in which You reside, or if a minor, You have received parental permission to use the Site; (6) You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) You will not use the Site for any illegal or unauthorized purpose; and (8) Your use of the Site will not violate any applicable law or regulation.

If You provide any information that is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which We make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, You agree not to:

  • systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • use a buying agent or purchasing agent to make purchases on the Site.
  • use the Site to advertise or offer to sell goods and services.
  • circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • engage in unauthorized framing of or linking to the Site.
  • trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • make improper use of Our support services or submit false reports of abuse or misconduct.
  • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • attempt to impersonate another user or person or use the username of another user.
  • sell or otherwise transfer Your profile.
  • use any information obtained from the Site in order to harass, abuse, or harm another person.
  • use the Site as part of any effort to compete with Us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • harass, annoy, intimidate, or threaten any of Our employees, Our users, or agents engaged in providing any portion of the Site to you.
  • delete the copyright or other proprietary rights notice from any Content.
  • copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Site.
  • use the Site in a manner inconsistent with any applicable laws or regulations or to solicit the performance of any illegal or other activity which infringes Our rights or the rights of Our users.

USER GENERATED CONTRIBUTIONS

The Site may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions“). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:

  • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use Your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of Your rights to use the Site. CONTRIBUTION LICENSE

By posting Your Contributions to any part of the Site or making Contributions accessible to the Site by linking Your account from the Site to any of Your social networking accounts, You automatically grant, and You represent and warrant that You have the right to grant, to Us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes Our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in Your Contributions, and You warrant that moral rights have not otherwise been asserted in Your Contributions.

We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Site. You are solely responsible for Your Contributions to the Site and You expressly agree to exonerate Us from any and all responsibility and to refrain from any legal action against Us regarding Your Contributions.

We have the right, in Our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor Your Contributions.

GUIDELINES FOR REVIEWS

We may provide You areas on the Site to leave reviews or ratings. When posting a review, You must comply with the following criteria: (1) You should have firsthand experience with the person or entity being reviewed; (2) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) Your reviews should not contain references to illegal activity; (5) You should not be affiliated with competitors if posting negative reviews; (6) You should not make any conclusions as to the legality of conduct; (7) You may not post any false or misleading statements; and (8) You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in Our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent Our opinions or the views of any of Our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, You hereby grant to Us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If You access the Site via a mobile application, then We grant You a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with Your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of Our interfaces or Our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when You use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to You for Our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, You may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) You represent and warrant that (i) You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) You are not listed on any U.S. government list of prohibited or restricted parties; (5) You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if You have a VoIP application, then You must not be in violation of their wireless data service agreement when using the mobile application; and (6) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against You as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, You may link Your account with online accounts You have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing Your Third-Party Account login information through the Site; or (2) allowing Us to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third-Party Account. You represent and warrant that You are entitled to disclose Your Third-Party Account login information to Us and/or grant Us access to Your Third-Party Account, without breach by You of any of the terms and conditions that govern Your use of the applicable Third-Party Account, and without obligating Us to pay any fees or making Us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting Us access to any Third-Party Accounts, You understand that: (1) We may access, make available, and store (if applicable) any content that You have provided to and stored in Your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via Your account, including without limitation any friend lists; and (2) We may submit to and receive from Your Third-Party Account additional information to the extent You are notified when You link Your account with the Third-Party Account. Depending on the Third-Party Accounts You choose and subject to the privacy settings that You have set in such Third-Party Accounts, personally identifiable information that You post to Your Third-Party Accounts may be available on and through Your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or Our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between Your account on the Site and Your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and We are not responsible for any Social Network Content. You acknowledge and agree that We may access Your email address book associated with a Third-Party Account and Your contacts list stored on Your mobile device or tablet computer solely for purposes of identifying and informing You of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and Your Third-Party Account by contacting Us using the contact information below or through Your account settings (if applicable). We will attempt to delete any information stored on Our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with Your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions“) provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or You may be sent via the Site) links to other websites (“Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If You decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and You should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Site or relating to any applications You use or install from the Site. Any purchases You make through Third-Party Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party. You agree and acknowledge that We do not endorse the products or services offered on Third-Party Websites and You shall hold Us harmless from any harm caused by Your purchase of such products or services. Additionally, You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof; (4) in Our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and (5) otherwise manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review Our Privacy Policy. By using the Site, You agree to be bound by Our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If You access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through Your continued use of the Site or Services, You are transferring Your data to the United States, and You expressly consent to have Your data transferred to and processed in the United States. Further, We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if We receive actual knowledge that anyone under the age of 13 has provided personal information to Us without the requisite and verifiable parental consent, We will delete that information from the Site as quickly as is reasonably practical.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If You believe that any material available on or through the Site infringes upon any copyright You own or control, please immediately notify Our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of Your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law You may be held liable for damages if You make material misrepresentations in a Notification. Thus, if You are not sure that material located on or linked to by the Site infringes Your copyright, You should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) 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 Us to locate the material; (4) information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has 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; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If You believe Your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, You may submit a written counter notification to Our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which We are located; (3) a statement that You will accept service of process from the party that filed the Notification or the party’s agent; (4) Your name, address, and telephone number; (5) a statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) Your physical or electronic signature.

If You send Us a valid, written Counter Notification meeting the requirements described above, We will restore Your removed or disabled material, unless We first receive notice from the party filing the Notification informing Us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question. Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, You may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Karlie Lestina

Karlie Colleen Photography LLC

6326 W. Wagoner Road

Glendale, Arizona 85308

ScoutItApp@Gmail.Com

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while You use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, We RESERVE THE RIGHT TO, IN Our SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. We MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT You POSTED AT ANY TIME, WITHOUT WARNING, IN Our SOLE DISCRETION.

If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and Your use of the Site are governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations First

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either You or Us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You UNDERSTAND THAT WITHOUT THIS PROVISION, You WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL BUT YOU ARE AGREEING TO ARBITRATE INSTEAD. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and Your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Maricopa County, Arizona. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Maricopa County, Arizona, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES PAID BY YOU TO US IN THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of Your representations and warranties set forth in these Terms of Use; (5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom You connected via the Site. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that You transmit to the Site for the purpose of managing the Site, as well as data relating to Your use of the Site. Although We perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site. You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending Us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY Us OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with Us is not satisfactorily resolved, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by Us on the Site constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against Us by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact Us at:

Karlie Colleen Photography LLC

ScoutItApp@Gmail.com