Terms Of Service

 

Important Announcement:

Now, it will be completely free. We will be just a platform that will connect property owners with the film industry. We have taken the free route because we believe that it i will be the best in the long term.

 


WELCOME TO SCOUTPLEX.COM. WE ARE A MARKERTLACE FOR PEOPLE TO LIST THEIR PROPERTIES, PROVIDING OUR MEMBERS WITH ACCESS TO LOCATIONS THAT MIGHT BE USED IN MOTION PICTURES, TELEVISION AND OTHER TYPES OF PRODUCTIONS.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, LISTERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, LISTERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING SCOUTERS. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. LISTERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON SCOUTPLEX. HOWEVER, MUST OF THE LEGALITY REGARDINGS PERMITS AND STATES FEES ARE USUALLY COVERED BY THE SCOUTERS.

Last Updated: April 29, 2017

ACCEPTANCE OF TERMS OF USE

If you are using the Site, Application or Services and you reside in the USA, you are contracting with ScoutPlex.com.

Scoutplex provides an online platform that connects people who have locations to rent with Motion Picture companies seeking to rent such locations (collectively, the “Services”), which Services are accessible at www.scoutplex.com and any other websites through which ScoutPlex makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Scoutplex. Please also read carefully our Privacy Policy at http://www.scoutplex.com/terms/privacy-policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LISTERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR FILM LOCATION (DEFINED BELOW) AND SCOUTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK FILM LCOATIONS DIRECTLY WITH THE LISTER. YOU UNDERSTAND AND AGREE THAT SCOUTPLEX IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LISTERS AND SCOUTERS, NOR IS SCOUTPLEX A REAL ESTATE BROKER, AGENT OR INSURER. SCOUTPLEX HAS NO CONTROL OVER THE CONDUCT OF LISTERS, SCOUTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY FILM LOCATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms

Scoutplex Content” means all Content that Scoutplex makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
Booking Request Period” means the time period starting from the time when a booking is requested by a Scouter (as determined by Scoutplex in its sole discretion), within which a Lister may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
Collective Content” means Member Content and Scoutplex Content.
Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
Scouter” means a Member who requests from a Lister a booking of a Film Location via the Site, Application or Services, or a Member who film or produces any type of media content at an Film Location and is not the Lister for such Location.
Listers” means a Member who creates a Listing via the Site, Application and Services.
Listing” means an Film location that is listed by a Lister as available for rental for certain period of time via the Site, Application, and Services.
Member” means a person who completes Scoutplex’s account registration process, including but not limited to Listers and Scouters, as described under “Account Registration” below.
Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Scoutplex reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the searching for film locations. It also facilitates the listing and booking of film locations and other properties (“Film Locations”). Such Locations are included in Listings on the Site, Application and Services by Listers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Film Location or create a Listing, you must first register to create a Scoutplex Account (defined below).

As stated above, Scoutplex makes available an online platform or marketplace with related technology for Scouters and Listers to meet online and arrange for bookings of Film Locations directly with each other. Scoutplex is not an owner or operator of properties listed on our site; Scoutplex’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the secure deposit payment collection agent of each Lister for the purpose of accepting payments from Scouter on behalf of the Lister.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE LISTERS AND SCOUTERS CONNECTING AND BOOKING FILM LOCATIONS DIRECTLY WITH EACH OTHER. SCOUTPLEX CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY FILM LOCATIONS. SCOUTPLEX IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND FILM LOCATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE SCOUTER’S OWN RISK.

Account Registration

In order to access certain features of the Site and Application, and to book an Film Locations or create a Listing, you must register to create an account (“Scoutplex Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Scoutplex Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Scoutplex through the Site, Services or Application; or (ii) allowing Scoutplex to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Scoutplex and/or grant Scoutplex access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Scoutplex to pay any fees or making Scoutplex subject to any usage limitations imposed by such third-party service providers. By granting Scoutplex access to any Third-Party Accounts, you understand that Scoutplex will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Scoutplex Account and Scoutplex Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. 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 will be available on and through your Scoutplex Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Scoutplex’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Scoutplex Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. 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. Scoutplex makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Scoutplex is not responsible for any SNS Content.

We will create your Scoutplex Account and your Scoutplex Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Scoutplex Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Scoutplex reserves the right to suspend or terminate your Scoutplex Account and your access to the Site, Application and Services if you create more than one (1) Scoutplex Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Scoutplex Account, whether or not you have authorized such activities or actions. You will immediately notify Scoutplex of any unauthorized use of your Scoutplex Account.

Film Location Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Film Location to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Film Location and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Film Locations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Film Location via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Scouter requests a booking of your Film Location, you may not request the Scouter to pay a higher price than in the booking request.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Scouter’s stay at, an Film Location in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Film Location included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Scoutplex assumes no responsibility for a Lister’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Scoutplex reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Scoutplex, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Scoutplex’s then-current Policies and Community Guidelines (at http://www.scoutplex.com/help/policies), or otherwise harmful to the Site, Application or Services.

If you are a Lister, you understand and agree that Scoutplex does not act as an insurer or as your contracting agent. If a Scouter requests a booking of your Film Location and stays at your Film Location, any agreement you enter into with such Scouter is between you and the Scouter and Scoutplex is not a party thereto. Notwithstanding the foregoing, Scoutplex Payments serves as the limited authorized payment collection agent of the Lister for the purpose of accepting, on behalf of the Lister, payments from Scouters of such amounts stipulated by the Lister (including cleaning or other fees and/or Taxes).

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Film Location, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Film Location. Any Member wishing to book Film Locations included in Listings with such requirements must meet these requirements.

If you are a Lister, Scoutplex makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Film Location. You acknowledge and agree that, as a Lister, 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 Film Location at your request or invitation, excluding the Scouter (and the individuals the Scouter invites to the Film Location, if applicable.)

Scoutplex recommends that Listers obtain appropriate insurance for their Film Locations. Please review any insurance policy that you may have for your Film Location carefully, and in particular please 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 Scouters (and the individuals the Scouter invites to the Film Location, if applicable) while at your Film Location.

Scoutplex may offer Listers the option of having photographers take photographs of their Film Locations. If you as a Lister choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “Scoutplex.com Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Scoutplex, including Verified Images, constitute Scoutplex Content, regardless of whether you include them in your Listing.

No Endorsement

Scoutplex does not endorse any Member or any Film Location. You understand that Verified Images are intended only to indicate a photographic representation of the Film Location at the time the photograph was taken. Verified Images are therefore not an endorsement by Scoutplex of any Member or any Film Location. Members are required by these Terms to provide accurate information, and although Scoutplex may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Scoutplex about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Lister or to accept a booking request from a Scouter, or to have any other interaction with any other Member. Except as provided in the Scoutplex Lister Guarantee Terms and Conditions (“Scoutplex Lister Guarantee”, at http://www.scoutplex.com/terms/Lister-guarantee), which is an agreement between Scoutplex and Listers, we are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Scoutplex with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Lister against Scoutplex regarding the remittance of payments received from a Scouter by Scoutplex on behalf of a Lister, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Key definitions

Locations Film Fees” means the amounts that are due and payable by a Scouter in exchange for a booking dates to rent the Film Location. The Lister alone, and not Scoutplex, determines these amounts. The Lister may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Scoutplex platform, or (ii) Taxes that the Lister determines that he or she has to collect.
Lister Fees” means the fee that Scoutplex charges a Lister for the use of its online platform, which is calculated as a percentage of the applicable Location Fees. The Lister Fees will be displayed to the Lister when the Lister is asked whether to confirm or reject a booking request from a prospective Scouter.
Total Fees” means collectively the Film Location Fees and the Scouter Fees.

Bookings and Financial Terms for Listers

If you are a Lister and a booking is requested for your Film Location via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Scouter who has requested the booking, (ii) a link to the Scouter’s Scoutplex Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Scouter on such SNS, and (iv) an indication that the name that the Scouter provided to Scoutplex when the Scouter became a Member matches the name that the Scouter provided to the SNSs to which the Scouter has linked his or her Scoutplex Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Scoutplex for the requested booking will be refunded to the applicable Scouter’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Scouter, Scoutplex will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

Scoutplex it is completely free to use. Scotuplex will be just a platform that will connect property owners with the film industry. We have taken the free route because we believe that it i will be the best in the long term.

Appointment of Scoutplex Payments as Limited Payment Collection Agent for Lister

Each Lister hereby appoints Scoutplex as the Lister’s limited deposit payment collection agent solely for the purpose of accepting the Film Location Fees from Scouters.

Each Lister agrees that the deposit payment made by a Scouter through Scoutplex, shall be considered the same as a payment made directly to the Lister, and the Lister will make the Film Location available to the Scouter in the agreed-upon manner as if the Lister has received the Film Location Fees. Each Lister agrees that Scoutplex may, in accordance with the cancellation policy selected by the Lister and reflected in the relevant Listing, (i) permit the Scouter to cancel the booking and (ii) refund (via Scoutplex) to the Scouter that portion of the Film Location Fees specified in the applicable cancellation policy. Each Lister understands that as Scoutplex accepts payments from Scouters as the Lister’s limited deposit payment collection agent and that Scoutplex Payments’ obligation to pay the Lister is subject to and conditional upon successful receipt of the associated payments from Scouters. Scoutplex does not guarantee payments to Listers for amounts that have not been successfully invoiced by Scoutplex from Scouters. In accepting appointment as the limited authorized agent of the Lister, Scoutplex assumes no liability for any acts or omissions of the Lister.

Please note that Scoutplex does not currently charge fees for the creation of Listings. However, you as a Lister acknowledge and agree that Scoutplex reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Scoutplex will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Scouters

The Listers, not Scoutplex, are solely responsible for honoring any confirmed bookings and making available any Film Locations reserved through the Site, Application and Services. If you, as a Scouter, choose to enter into a transaction with a Lister for the booking of a Film Location, you agree and understand that you will be required to enter into an agreement with the Lister and you agree to accept any terms, conditions, rules and restrictions associated with such Film Location imposed by the Lister. You acknowledge and agree that you, and not Scoutplex, will be responsible for performing the obligations of any such agreements, that Scoutplex is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Scoutplex disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Scoutplex is not a party to the agreement between you and the Lister, Scoutplex acts as the Lister’s deposit payment collection agent for the limited purpose of securing those filming dates from you on behalf of the Lister. Upon your payment of the deposit fees to Scoutplex, your full payment obligation to the Lister for the Film Location Fees is still pending until scouter pays the full amount owed to the Lister outside of Scoutplex.

The Total Fees payable will be displayed to a Scouter before the Scouter sends a booking request to a Lister. As noted above, the Lister is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled.

You as a Scouter agree to pay Scoutplex for the Deposit Fees for any booking requested in connection with your Scoutplex Account if such requested bookings are confirmed by the applicable Lister. In order to establish a booking pending the applicable Lister’s confirmation of your requested booking, you understand and agree that Scoutplex, on behalf of the Lister, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once Scoutplex receives confirmation of your booking from the applicable Lister, Scoutplex will collect the Deposit Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Scoutplex cannot control any fees that may be charged to a Scouter by his or her bank related to Scoutplex’s collection of the Total Fees, and Scoutplex disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Scoutplex or its third-party payment processor(s). You agree to pay Scoutplex for any confirmed bookings made in connection with your Scoutplex Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Scoutplex or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Scoutplex to charge your credit card in the event of damage caused at an Film Location as contemplated under “Damage to Film Locations” below and for Security Deposits, if applicable. If you are directed to Scoutplex Payments’ third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete, you will receive a confirmation email summarizing your confirmed booking.

Cancellations and Refunds

If, as a Scouter, you cancel your requested booking before the requested booking is confirmed by a Lister, Scoutplex will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Scouter, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Film Location , the cancellation policy of the Lister contained in the applicable Listing will apply to such cancellation. Our ability to refund the Film Location  Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Secure Deposit Fee is only 100% refundable regardless of the cancellation policy selected by the Lister.

If a Lister cancels a confirmed booking made via the Site, Services, and Application, (i) Scoutplex Payments will refund the Total Fees for such booking to the applicable Scouter within a commercially reasonable time of the cancellation and (ii) the Scouter will receive an email or other communication from Scoutplex containing alternative Listings and other related information. If the Scouter requests a booking from one of the alternative Listings and the Lister associated with such alternative Listing confirms the Scouter’s requested booking, then the Scouter agrees to pay Scoutplex the Secure Deposit Fees relating to the confirmed booking for the Film Location in the alternative Listing, in accordance with these Terms. If a Lister cancelled a confirmed booking and you, as a Scouter, have not received an email or other communication from Scoutplex, please contact Scoutplex at http://www.Scoutplex.com/help/contact_us.

If, as a Lister, you cancel a confirmed booking, Scoutplex may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Scoutplex may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services.

Security Deposits / Payments

Scoutplex is strictly in charge of collecting secure deposits payment from Scouters in order to secure those dates of filming. This assures that individuals looking for a place to film for those dates will be available for filming. The rest of the money will be have to be paid outside of our site/application. Therefore, Scoutplex is not liable for any other transaction outside of our site/application. However, you as a Lister or Scouter acknowledge and agree that Scoutplex reserves the right, in its sole discretion, to full payments of all the transaction. Please note that Scoutplex will provide notice of any full payment collection via the Site, Application and Services, prior to implementing such a fee feature.

Additional Fees

In consideration for the use of Scoutplex’s online marketplace and platform, Listers might nor might not charges the Additional Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Lister Fees and Scouter Fees. Scoutplex is not in control on what type of other fee will a lister include in their listing. Therefore, Scouter are exclusive responsible to negotiate their total balance and other fees with the Listers.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • place personal information such as a website, phone number, email, or other mean of communication trying to avoid Scoutplex’s services.
  • use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
  • “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Scoutplex Scouter  or Lister;
  • offer, as a Lister, any Film Location  that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Film Location s as a Lister if you are serving in the capacity of a rental agent or listing agent for a third party);
  • offer, as a Lister, any Film Location  that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
  • register for more than one Scoutplex Account or register for an Scoutplex Account on behalf of an individual other than yourself;
  • unless Scoutplex explicitly permits otherwise, request or book a stay at any Film Location  if you will not actually be staying at the Film Location  yourself;
  • contact a Lister for any purpose other than asking a question related to a booking, such Lister’s Film Location s or Listings;
  • contact a Scouter  for any purpose other than asking a question related to a booking or such Scouter ’s use of the Site, Application and Services;
  • recruit or otherwise solicit any Lister or other Member to join third-party services or websites that are competitive to Scoutplex, without Scoutplex’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content to find a Lister or Scouter  and then complete a booking of an Film Location  independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Scoutplex’s provision of the Services or for any other reasons;
  • as a Lister, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Scoutplex’s name, any Scoutplex trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Scoutplex’s express written consent;
  • access, tamper with, or use non-public areas of the Site, Application or Services, Scoutplex’s computer systems, or the technical delivery systems of Scoutplex’s providers;
  • attempt to probe, scan, or test the vulnerability of any Scoutplex system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Scoutplex or any of Scoutplex’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

 

Scoutplex has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Scoutplex may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Scoutplex or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Scoutplex Lister Guarantee (see http://www.scoutplex.com/terms), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Scoutplex , its users, or memebrs of the public . You acknowledge that Scoutplex has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Scoutplex reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Scoutplex, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

See Scoutplex’s Privacy Policy at http://www.scoutplex.com/terms/privacy-policy for information and notices concerning Scoutplex’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Scoutplex and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Scoutplex Referral Program

As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, Application and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Scoutplex for which a Qualifying Referral (defined below) is completed, you may be able to receive Scoutplex Points (defined below) (each a “Referral Reward”). “Scoutplex Points” are “points” issued by Scoutplex that may be applied as different types of Scoutplex medals regarding the number of points you have.

In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Scoutplex Account on the Site or Application and select either the “Invite Friends” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends, or by using the other tools provided by Scoutplex to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Scoutplex Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Film Location  which is confirmed by the applicable Lister or create a Listing which subsequently receives a confirmed booking via the Services. Please note that you may not be the Lister or the Scouter for the booking to receive a Referral Reward.

It is a condition of the Referral Program that you will circulate or share the unique referral link only to your personal friends. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends. All Scoutplex Account creations and confirmed booking requests resulting from a breach of the above will be disregarded for determining eligibility for Qualifying Referral and are not eligible for Referral Points.

Accounts may not be combined into one Scoutplex Account. You may not earn Referral Points by creating multiple Scoutplex Accounts. By acquiring Referral Rewards, you agree and acknowledge that Scoutplex is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Scoutplex Accounts.

Scoutplex may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. Scoutplex will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already awarded or received will not be affected by the suspension or termination.

Application License

Subject to your compliance with these Terms, Scoutplex grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Scoutplex reserves all rights in the Application not expressly granted to you by these Terms.

Scoutplex Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Scoutplex grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Scoutplex Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except 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 Scoutplex or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Scoutplex a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Scoutplex does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Scoutplex the rights in 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 Scoutplex’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services 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.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Scoutplex is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Scoutplex of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Scoutplex platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Scoutplex used herein are trademarks or registered trademarks of Scoutplex. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at terms@scoutplex.com or through the “Contact” (http://www.scoutplex.com/help/contact-us) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Scoutplex and you hereby irrevocably assign to Scoutplex and agree to irrevocably assign to Scoutplex all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Scoutplex’s request and expense, you will execute documents and take such further acts as Scoutplex may reasonably request to assist Scoutplex to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Scoutplex respects copyright law and expects its users to do the same. It is Scoutplex’s policy to terminate in appropriate circumstances the Scoutplex Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Scoutplex’s Copyright Policy at http://www.scoutplex.com/terms/copyright-policy, for further information..

Suspension, Termination and Scoutplex Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Scoutplex Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Scoutplex Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Scoutplex Account, your Member Content, or receive assistance from Scoutplex Customer Service, (b) any pending or accepted future bookings as either Lister or Scouter  will be immediately terminated, (c) we may communicate to your Scouter s or Listers that a potential or confirmed booking has been cancelled, (d) we may refund your Scouter s in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Scouter s to inform them about potential alternate Film Locations with other Listers that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Scoutplex Account. You may cancel your Scoutplex Account at any time via the “Cancel Account” feature of the Services or by sending an email to terms@scoutplex.com. Please note that if your Scoutplex Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SCOUTPLEX DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, SCOUTER S AND LISTERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SCOUTPLEX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SCOUTPLEX MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY FILM LOCATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SCOUTPLEX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, FILM LOCATIONS, YOUR ACCRUAL OF SCOUTPLEX TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCOUTPLEX OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LISTERS OR SCOUTER S. YOU UNDERSTAND THAT SCOUTPLEX DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY FILM LOCATIONS. SCOUTPLEX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, SCOUTER S AND LISTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SCOUTPLEX. NOTWITHSTANDING SCOUTPLEX’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE LISTERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM SCOUTER S ON BEHALF OF THE LISTERS, SCOUTPLEX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY SCOUTER  OR OTHER THIRD PARTY.

Limitation of 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 THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY FILM LOCATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SCOUTPLEX WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SCOUTPLEX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY FILM LOCATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCOUTPLEX HAS 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.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE LISTERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE SCOUTPLEX LISTER GUARANTEE, IN NO EVENT WILL SCOUTPLEX’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY FILM LOCATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY FILM LOCATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A SCOUTER  IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LISTER, THE AMOUNTS PAID BY SCOUTPLEX TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCOUTPLEX AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Scoutplex and its affiliates and subsidiaries, 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Film Location, or (iii) creation of a Listing; (d) the use, condition or rental of an Film Location by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Film Location; and (e) your participation in the Referral Program or your accrual of any Scoutplex Points.

Reporting Misconduct

If you encounter any Scoutplex member anyone who you feel 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 Airbnb by contacting us with your police station and report number at terms@scoutplex.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Contacting Scoutplex

If you have any questions about these Terms or any App Store Sourced Application, please contact Scoutplex at terms@scoutplex.com.