User Generated Terms of Use
Last Updated: April 24, 2024
The website at www.scoutmotors.com (the “Website”) contains interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, including but not limited to any photographs, videos and/or other materials included in your content, as well as your name, likeness, image, statements, opinions, user name, social media handle, avatar (if applicable), or other identifier (collectively, “User Contributions”), on or through the Website.
We've developed these User-Generated Content Terms of Use ("UGC Terms") to ensure that you know exactly how Scout Motors Inc. (“Scout Motors,” “we,” “our,” or “us”) intends to use the User Contributions. To understand your full scope of rights and permissions, you should also review our website’s Terms of Use and the Privacy Policy, incorporated by reference, which also applies to your interaction with us. If you do not want to agree to these UGC Terms, including the agreements incorporated by reference herein, the Terms of Use, or Privacy Policy, you must not access or use the Website or Interactive Services.
Updates to UGC Terms
We may revise and update the UGC Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Interactive Services, thereafter. If you object to any such changes, your sole recourse shall be to cease using Website and Interactive Services. Otherwise, your continued use of Website and Interactive Services, following the posting of revised UGC Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.
Rights and Representations
By providing any User Contributions on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns (collectively, “Licensees”) a worldwide, unlimited, irrevocable, perpetual, and royalty-free license to use, reproduce, modify, publish, perform, display, distribute, and otherwise disclose to third parties in any manner, in whole or in part, whether or not distorted in character or form, either alone or accompanied by other material, in any and all media now known or hereafter invented, including but not limited to Licensees' websites and social media pages (e.g. Facebook, Twitter, YouTube, Instagram, etc.), for any legal purpose whatsoever, including but not limited to advertising, publicity and marketing of Scout Motors and/or its or its affiliates' products and services. This right to use your User Contributions also includes the right to change, edit and/or modify your User Contributions and any element and/or component thereof in any way without your permission or approval. You waive any right to inspect or approve use of User Contributions as described in these Terms of Use. You agree that all right, title and interest in and to the finished product in which your User Contributions may appear, including but not limited to the copyrights and patents therein,shall vest exclusively in Scout Motors. You agree Licensees do not owe you any compensation, payment, or royalties in connection with your User Contributions.
All User Contributions must comply with Content Standards, which entail the following criteria:
Respect for Third-party Rights: Your contributions, whether in their creation, distribution, transmission, public display, or performance, as well as their accessing, downloading, or copying, must not infringe upon the proprietary rights of any third party. This includes but is not limited to copyrights, patents, trademarks, trade secrets, or moral rights.
Ownership and Permissions: You assert that you are the rightful creator and owner of the contributions, or that you possess the necessary licenses, rights, consents, releases, and permissions to authorize both us and other users of the Website to utilize your User Contributions in alignment with the Website's intended purposes and these Terms of Use.
Consent from Individuals Depicted: You confirm that you have obtained written consent, release, and/or permission from each identifiable individual depicted in your User Contributions, allowing for the use of their name or likeness as necessary for inclusion and utilization of said contributions in accordance with the Website's objectives and these Terms of Use.
Truthfulness and Accuracy: Your User Contributions must not contain false, inaccurate, or misleading information.
Non-Solicitation: They should not serve as unsolicited or unauthorized advertisements, promotional materials, "junk mail," "chain letters," or "spam," nor should they engage in similar solicitation activities.
Adherence to Legal and Ethical Standards: Your User Contributions must not violate any laws or regulations, nor should they contain illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable content. This includes conduct that may potentially incur criminal or civil liability under any local, state, federal, or foreign law, as well as activities encouraging "flaming" or other forms of online hostility.
Respect for Privacy and Publicity Rights: They should not violate the privacy or publicity rights of any third party.
Compliance with Terms of Use and Applicable Laws: Your User Contributions should not contravene any provisions outlined in our Terms of Use, nor should they link to material that violates these terms or any relevant laws, regulations, or rules.
User Generated Content and Community Forums
All statements and/or opinions expressed in User Contributions made available on or through the Interactive Services by any party, other than in content provided by us, are solely the opinions of such party and such party has sole responsibility for that User Content. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Scout Motors, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
You understand that by using the Website, you may be exposed to User Contributions that you find offensive or objectionable and that we may not be able to confirm the identity of other users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. Scout Motors reserves the right, but does not have any obligation to monitor, prescreen, remove, block, edit or modify any content at any time, without notice to you and for any reason.
You acknowledge and agree that all User Contributions made available through the Community Forms or other Interactive Services tools are public and not private communications. Scout Motors is not subject to any obligation of confidentiality with respect to your User Contributions except as set forth in the Privacy Policy or as required by applicable laws. Scout Motors reserves the right to access, read, preserve and disclose any User Contributions and to disclose the respective contributor’s identity as we reasonably believe necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these UGC Terms or Terms of Use, including investigating potential violations hereof; (c) detect, prevent or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Scout Motors, any user of the Website or Interactive Services, or the public.
Acknowledgement and Release
You acknowledge that you bear responsibility for your User Contributions, that your User Contributions are public and not confidential, and that no Licensees will be liable for your User Contributions. Therefore, you hereby agree to release, hold harmless and not assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted pursuant to these UGC Terms, including, but not limited to, any claim of copyright infringement, libel, slander, defamation, invasion of privacy or right of publicity or any other right, and you waive all claims against Licensees and will indemnify them from any and all claims arising out of your breach or alleged breach of any of the above representations and/or warranties.
Waiver and Severability
No waiver by Scout Motors of any term or condition set forth in these UGC Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Scout Motors to assert a right or provision under these UGC Terms shall not constitute a waiver of such right or provision.
If any provision of these UGC Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the UGC Terms will continue in full force and effect.
Choice Of Law and Dispute Resolution
All disputes relating to these UGC Terms will be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule.
Any dispute arising out of, or related to, these UGC Terms will be governed by the Dispute Resolution section of the Terms of Use.