Terms of Service
Last Updated: October 7, 2020
Thank you for using Scouter!
These Terms constitute a legally binding agreement ("Agreement") between you and Scouter (as defined below) governing your access to and use of the Scouter website, including any subdomains thereof, and any other websites through which Scouter makes its services available (collectively, "Site"), and application program interfaces (collectively, "Application") and all associated services (collectively, "Scouter Services"). The Site, Application and Scouter Services together are hereinafter collectively referred to as the “Scouter Platform”.
When these Terms mention “Scouter,” “we,” “us,” or “our,” it refers to the Scouter company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Scouter, you should always seek legal guidance.
1. Scope of Scouter Services
1.1 The Scouter Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Scouter Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), the rental of equipment or props, and a variety of other travel and non-travel related services.
1.2 As the provider of the Scouter Platform, Scouter does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Scouter is not and does not become a party to or other participant in any contractual relationship between Members, nor is Scouter a real estate broker or insurer.
1.3 While we may help facilitate the resolution of disputes, Scouter has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Scouter does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Scouter about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Scouter of any Host or Listing.
1.4 If you choose to use the Scouter Platform as a Host, your relationship with Scouter is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Scouter for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Scouter. Scouter does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Scouter Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Scouter cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Scouter Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Scouter Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Scouter is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Scouter of such Third-Party Services.
1.7 Due to the nature of the Internet, Scouter cannot guarantee the continuous and uninterrupted availability and accessibility of the Scouter Platform. Scouter may restrict the availability of the Scouter Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Scouter Platform. Scouter may improve, enhance and modify the Scouter Platform and introduce new Scouter Services from time to time.
2. Eligibility, Using the Scouter Platform, Member Verification
2.1 In order to access and use the Scouter Platform or register a Scouter Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) 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.
2.3 Scouter may make access to and use of the Scouter Platform, or certain areas or features of the Scouter Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Scouter Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Scouter Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Scouter Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 Some areas of the Scouter Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Scouter reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Scouter Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Scouter Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Scouter Account") to access and use certain features of the Scouter Platform, such as publishing or booking a Listing. If you are registering a Scouter Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Scouter Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account").
4.3 You must provide accurate, current and complete information during the registration process and keep your Scouter Account and public Scouter Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Scouter Account unless Scouter authorizes you to do so. You may not assign or otherwise transfer your Scouter Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Scouter Account credentials and may not disclose your credentials to any third party. You must immediately notify Scouter if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Scouter Account. You are liable for any and all activities conducted through your Scouter Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Scouter may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Scouter Account. For example, we may enable Members to link their Scouter Accounts to businesses and take actions for those businesses or we may enable eligible Members or certain third parties to book Listings on behalf of other Members. These features do not require that you share your credentials with any other person. No third party is authorized by Scouter to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Scouter may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Scouter Platform ("Member Content"); and (ii) access and view Member Content and any content that Scouter itself makes available on or through the Scouter Platform, including proprietary Scouter content and any content licensed or authorized for use by or through Scouter from a third party ("Scouter Content" and together with Member Content, "Collective Content").
5.2 The Scouter Platform, Scouter Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Scouter Platform and Scouter Content, including all associated intellectual property rights, are the exclusive property of Scouter and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Scouter Platform, Scouter Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Scouter used on or in connection with the Scouter Platform and Scouter Content are trademarks or registered trademarks of Scouter in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Scouter Platform, Scouter Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Scouter Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Scouter or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Scouter grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Scouter Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all Member Content that you make available on or through the Scouter Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Scouter Platform or you have all rights, licenses, consents and releases that are necessary to grant to Scouter the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Scouter's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Scouter’s Content Policy or any other Scouter policy. Scouter may, without prior notice, remove or disable access to any Member Content that Scouter finds to be in violation of applicable law, these Terms or Scouter’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Scouter, its Members, third parties, or property.
5.8 Scouter respects copyright law and expects its Members to do the same. If you believe that any content on the Scouter Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 Scouter may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Scouter Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees Page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Airbnb reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Scouter. The applicable Service Fees (including any applicable Taxes) are collected by Scouter Payments. Scouter Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Scouter Payments. Except as otherwise provided on the Scouter Platform, Service Fees are non-refundable.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Scouter Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply and (iii) provide any other pertinent information requested by Scouter. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable 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.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Scouter reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Scouter Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7.1.7 Scouter recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while renting your Accommodation.
7.2 Listing Accommodations
You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Scouter and/or the Host, you can book a Listing available on the Scouter Platform by following the respective booking process. All applicable fees, including the Listing Fee, Guest Fee 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 Scouter Account.
8.1.2 Upon receipt of a booking confirmation from Scouter, a legally binding agreement is formed between you and your 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. Scouter Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a rental if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 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.
8.2.3 You should carefully review the description of any Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Host Service.
8.2.4 Before and during a Host Service you must at all times adhere to the Hosts’ instructions.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Scouter Platform ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and Scouter Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Scouter Payments pursuant to the Payment Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking.
9.4 If weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
9.5 In certain circumstances, Scouter may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts.
9.6 If a Guest who books an Accommodation suffers a Travel Issue as defined in the Guest Refund Policy, Scouter may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 If a Guest or Airbnb cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund Policy or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, Scouter Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Scouter. Ratings and Reviews are not verified by Scouter for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Scouter Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Accommodations, Disputes between Members
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you. If a Host escalates a Damage Claim to Scouter, you will be given an opportunity to respond. If you agree to pay the Host, or Scouter determines in its sole discretion that you are responsible for the Damage Claim, Scouter via Scouter Payments will, after the end of your stay, collect any such sums from you and required to cover the Damage Claim pursuant to the Payments Terms. Scouter also reserves the right to otherwise collect payment from you and pursue any remedies available to Scouter in this regard in situations in which you are responsible for a Damage Claim.
11.3 Members agree to cooperate with and assist Scouter in good faith, and to provide Scouter with such information and take such actions as may be reasonably requested by Scouter, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation.
12. Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Scouter Platform. In connection with your use of the Scouter Platform, 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 our Terms, Policies or Standards;
- use the Scouter Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Scouter endorsement, partnership or otherwise misleads others as to your affiliation with Scouter;
- use the Scouter Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Scouter Platform;
- unless Scouter explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Scouter Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Scouter Platform to request, make or accept a booking independent of the Scouter Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Scouter Platform or Scouter Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Scouter harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the Scouter Platform or Collective Content, or any individual element within the Scouter Platform, Scouter's name, any Scouter trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Scouter Platform, without Scouter's express written consent;
- dilute, tarnish or otherwise harm the Scouter brand in any way, including through unauthorized use of Collective Content, registering and/or using Scouter or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Scouter domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Scouter Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Scouter or any of Scouter's providers or any other third party to protect the Scouter Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Scouter Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Scouter Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2 You acknowledge that Scouter has no obligation to monitor the access to or use of the Scouter Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Scouter Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Scouter in good faith, and to provide Scouter with such information and take such actions as may be reasonably requested by Scouter with respect to any investigation undertaken by Scouter or a representative of Scouter regarding the use or abuse of the Scouter Platform.
12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Scouter by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other Measures
13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Scouter terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Scouter Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Scouter Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
13.3 Without limiting our rights specified below, Scouter may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
13.4 Scouter may immediately, without notice, terminate this Agreement and/or stop providing access to the Scouter Platform if (i) you have materially breached your obligations under these Terms, the Payment Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Scouter believes in good faith that such action is reasonably necessary to protect the personal safety or property of Scouter, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
13.5 In addition, Scouter may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Scouter Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Scouter otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Scouter believes in good faith that such action is reasonably necessary to protect the personal safety or property of Scouter, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Scouter Platform;
- temporarily or permanently revoke any special status associated with your Scouter Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Scouter Account and stop providing access to the Scouter Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Scouter and an opportunity to resolve the issue to Scouter's reasonable satisfaction.
13.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
13.7 When this Agreement has been terminated, you are not entitled to a restoration of your Scouter Account or any of your Member Content. If your access to or use of the Scouter Platform has been limited or your Scouter Account has been suspended or this Agreement has been terminated by us, you may not register a new Scouter Account or access and use the Scouter Platform through a Scouter Account of another Member.
13.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Scouter Platform or Collective Content, you do so voluntarily and at your sole risk. The Scouter Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Scouter Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Scouter relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Host Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Scouter from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Scouter Platform (“Feedback“). You may submit Feedback by emailing us, through the "Contact" section of the Scouter Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Our Commitment to Inclusion and Respect
Scouter is, at its core, an open community dedicated to bringing the world closer together by fostering meaningful, shared experiences among people from all parts of the world. Our community includes millions of people from virtually every country on the globe. It is an incredibly diverse community, drawing together individuals of different cultures, values, and norms.
The Scouter community is committed to building a world where people from every background feel welcome and respected, no matter how far they have traveled from home. This commitment rests on two foundational principles that apply both to Scouter’s hosts and guests: inclusion and respect. Our shared commitment to these principles enables every member of our community to feel welcome on the Scouter platform no matter who they are, where they come from, how they worship, or whom they love. Scouter recognizes that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require hosts to violate local laws or take actions that may subject them to legal liability. Scouter will provide additional guidance and adjust this nondiscrimination policy to reflect such permissions and requirements in the jurisdictions where they exist.
While we do not believe that one company can mandate harmony among all people, we do believe that the Scouter community can promote empathy and understanding across all cultures. We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the Scouter community—hosts, guests and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, Scouter employees, hosts and guests alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere.
- Inclusion – We welcome guests of all backgrounds with authentic hospitality and open minds. Joining Scouter, as a host or guest, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
- Respect – We are respectful of each other in our interactions and encounters. Scouter appreciates that local laws and cultural norms vary around the world and expects hosts and guests to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. Scouter’s members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, Scouter fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.
Specific Guidance for Hosts in the United States
As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to housing and places of public accommodation. Scouter will release further discrimination policy guidance for jurisdictions outside the United States in the near future. Guided by these principles, our U.S. host community will follow these rules when considering potential guests and hosting guests:
Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status
- Scouter hosts may not:
- Decline a guest based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Scouter hosts may not:
- Decline to rent to a guest based on gender unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the guest.
- Impose any different terms or conditions based on gender unless the host shares living spaces with the guest.
- Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of gender, unless the host shares living spaces with the guest.
- Scouter hosts may:
- Make a unit available to guests of the host’s gender and not the other, where the host shares living spaces with the guest.
- Scouter hosts may not:
- Decline a guest based on any actual or perceived disability.
- Impose any different terms or conditions based on the fact that the guest has a disability.
- Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest.
- Inquire about the existence or severity of a guest’s disability, or the means used to accommodate any disability. If, however, a potential guest raises his or her disability, a host may, and should, discuss with the potential guest whether the listing meets the potential guest’s needs.
- Prohibit or limit the use of mobility devices.
- Charge more in rent or other fees for guests with disabilities.
- Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of the fact that the guest has a disability.
- Refuse to communicate with guests through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
- Refuse to provide reasonable accommodations, including flexibility when guests with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a guest requests such an accommodation, the host and the guest should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the guest’s needs.
- Scouter hosts may:
- Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for guests with disabilities to assess for themselves whether the unit is appropriate to their individual needs.
- Scouter hosts may:
- Except as noted above, Scouter hosts may decline to rent based on factors that are not prohibited by law. For example, except where prohibited by law, Scouter hosts may decline to rent guests with pets, or to guests who smoke.
- Require guests to respect restrictions on foods consumed in the listing (e.g., a host who maintains a Kosher or vegetarian kitchen may require guests to respect those restrictions).
- Nothing in this policy prevents a host from turning down a guest on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, an Scouter host may turn down a guest who wants to smoke in a unit, or place limits on the number of guests in a unit.
When guests are turned down. Hosts should keep in mind that no one likes to be turned down. While a host may have, and articulate, lawful and legitimate reasons for turning down a potential guest, it may cause that member of our community to feel unwelcome or excluded. Hosts should make every effort to be welcoming to guests of all backgrounds. Hosts who demonstrate a pattern of rejecting guests from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential guests feel unwelcome, and Scouter may suspend hosts who have demonstrated such a pattern from the Scouter platform.
What happens when a host does not comply with our policies in this area?
If a particular listing contains language contrary to this nondiscrimination policy, the host will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. Scouter may also, in its discretion, take steps up to and including suspending the host from the Scouter platform.
If the host improperly rejects guests on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Scouter will take steps to enforce this policy, up to and including suspending the host from the platform.
As the Scouter community grows, we will continue to ensure that Scouter’s policies and practices align with our most important goal: To ensure that guests and hosts feel welcome and respected in all of their interactions using the Scouter platform. The public, our community, and we ourselves, expect no less than this.
Scouter Payment Policy
Payments are completed through the Scouter website using Stripe. We abide by Stripe’s User Agreement which can be found here: https://stripe.com/legal.
Stripe charges a 2.9% and 0.30 cent fee per transaction. This fee is paid by the admins. Scouter then charges a 3% fee from the sellers or hosts and a 10% fee from the buyers or guests. Both of these fees are nonrefundable and are subject to change. Scouter will always notify their members when or if these transaction fees are changed.
Guests can mark a paid transaction as disputed AFTER the transaction request has been approved and BEFORE it is marked as “completed”. The Dispute feature is a way for guests to clearly communicate to admins that they are not happy with the way the transaction is handled. To resolve a dispute, involvement from admins is required. Once the transaction has been marked as “complete” from the guest’s side, refunds are unavailable.
After the guest has clicked the “dispute” button within the conversation between the guest and the host, both the host and admins will receive an email. Disputing a payment does not automatically issue a refund. The host and guest will receive an email with the admins’ decision regarding the dispute. After the decision has been made, the guest and the host will be able to review each other.
If the refund is approved, the guest will receive their refund within 5-10 business days. Scouter and Stripe transaction fees are nonrefundable.
Scouter is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of Scouter.
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.