Terms & Conditions

Introduction

Ginga Scout is a unique mobile and web resource dedicated to actively linking talented soccer players with competitive coaches, recruiters and scouts at the local, regional, national, collegiate and international level through the "Ginga Scout" experience.

Becoming a member of Ginga Scout is intended to increase visibility for talented players looking to play at higher, more competitive levels and aides in player development by opening opportunities to play with different teams and gain broader experience and exposure. Your use of our Service is subject to the following Terms and Conditions of Use. We reserve the right to make changes to these terms at any time. Your continued use of our Sservice constitutes your acceptance of such changes.

Discontinuance of Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.

Registering As a Player, Coach, and Scout

Players - Players of all levels can register with our site under the following rules: By registering as a player, you must, in fact, be at least 13 years of age at the time of registration with our service. As a registered player you also must be a club player eligible to play at U16, U18, U19 level, a high school player, a college player who is looking to contact coaches, or scouts. Professional and semi-professional players looking for transfer opportunities can register at any time if their contract is due to expire within 6 months from the date of registration with our service. Providing false information may result in immediate account termination and/or deactivation without notice.

Coaches - By registering as a coach or team administrator, you must, in fact, be a duly authorized club coach, club administrator, high school coach or other authorized team personnel and must be currently affiliated with a recognized club or educational organization. This information will be verified. Any false information provided by individuals registering as coaches or administrators may result in immediate account termination and/or deactivation without notice.

Soliciting registered users of Ginga Scout, such as players, coaches, professional or scouts without the express written consent of Ginga Scout Inc. is strictly prohibited and may result in immediate account termination and/or deactivation without notice. In addition, legal action may be initiated against any and all persons or companies/websites soliciting registered users of Ginga Scout.

By registering with Ginga Scout you warrant that you have not and will not use any of Ginga Scout’s material such as: (pictures, logos, graphics, art works, text, emails, articles, database information, internet coding, etc) without express, written consent of Ginga Scout Inc. You may not modify copy, rent, borrow, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information or services obtained from Ginga Scout without the express, written consent ofGinga Scout Inc.

Ginga Scout Inc is not responsible for the actions of those users/members (players, coaches, professional and scouts) who do not abide by the FIFA rules or NCAA regulations. Ginga Scout is in no way directly or indirectly affiliated with FIFA, the NCAA or any other soccer/football associations worldwide. All users/members are responsible for their own actions. All users are responsible for knowing the NCAA regulations, domestic and the common international laws. All professional players, professional coaches, and scouts are responsible for knowing and applying the "FIFA Regulations for the Status and Transfer of Players". All users are responsible for abiding by the NCAA's rules, regulations and laws.

Ginga Scoutis not responsible for players or coaches who violate NCAA or specific rules and regulations of any sports authority or governing body. Violators are subject to immediate account termination or deactivation without prior notice. Ginga Scout does not promote or condone any violations of FIFA or NCAA rules or regulations. Only individuals currently affiliated with a recognized club or educational organization are permitted to register on Ginga Scout for coach, administrator, or scout accounts. Members such as players, coaches, and scouts agree to only post truthful information in their Ginga Scout soccer/football account(s).

Ginga Scout is not responsible for any misrepresentation by a player, coach, scout, club or school. By registering with Ginga Scout or using the Ginga Scout service you agree to Ginga Scout "Terms of Use".

Subscription Policy

General.

Ginga Scout bills you through an online account (your "Billing Account") for use of the Services. You agree to pay Ginga Scout all charges at the prices then in effect for any use of the Services by you or other persons using your Billing Account, and you authorize Ginga Scout to charge your chosen payment provider (your "Payment Method") for the Services. You agree to make payment using that selected Payment Method. Ginga Scout reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Information Required.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY GINGA SCOUT IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS, THEFT, OR EXPIRATION) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR EMAIL/USERNAME OR PASSWORD.

CHANGES TO SUCH INFORMATION SHOULD BE MADE ON THE "MY ACCOUNT" SETTINGS PAGE OF THE WEBSITE. IF YOU FAIL TO PROVIDE GINGA SCOUT ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT GINGA SCOUT MAY CHARGE YOU DIRECTLY UNDER YOUR BILLING ACCOUNT. GINGA SCOUT RESERVES THE RIGHT NOT TO PROVIDE SERVICES ORDERED BY YOU IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION OR YOUR PAYMENT METHOD IS CANCELED.

Payment Method.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Ginga Scout does not receive payment from your Payment Method Provider; you agree to pay all amounts due on your Billing Account upon demand.

Change in Amount Authorized.

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Ginga Scout shall provide, notice of the amount to be charged. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method.

Taxes

User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your subscription or purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Ginga Scout Inc reserves the right to collect such taxes or other fees from you at any time.

Representations and Warranties

You hereby represent and warrant to us that:

(1) You have the full power and authority to enter into and perform under these Terms.

(2) Your use of our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party.

(3) You will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other members of our Service.

(4) You own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

Disclaimer and Warranties

YOU AGREE THAT:

A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IT IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. WE DO NOT GUARANTEE THAT:

(1) OUR SERVICE WILL MEET YOUR REQUIREMENTS OR NEEDS.

(2) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

(3) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE.

(4) THE QUALITY OF ANY PRODUCTS WE MIGHT SELL OR ADVERTISE, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS.

(5) OUR SERVICE DOES NOT GUARANTEE TO OUR MEMBERS THAT THEY WILL SECURE PLAYING OPPORTUNITIES, ATHLETIC SCHOLARSHIPS OR PROFESSIONAL TRIALS OR CONTRACTS.

C. NO DATA, INFORMATION, EMAIL(S) OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limits on Liability

A. YOU AGREE THAT GINGA SCOUT INC, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ACCIDENTAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH:

(1) THE USE OR INABILITY TO USE OUR SERVICE.

(2) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE.

(3) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.

B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.

C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Indemnity

You agree to defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys ' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

Arbitration

All disputes arising out of or relating to these Terms or your use of our Service will be exclusively resolved under binding arbitration held in Florida before and in accordance with the Rules of the American Arbitration Association, except that we will have the right to seek injunctive or other equitable relief in state or federal court located in Florida to enforce these terms or prevent an infringement of a third parties rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

Miscellaneous

These Terms shall be interpreted in accordance with the laws of the State of Florida without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

Copyright and Trademark

Copyright © 2014 Ginga Scout Inc. All rights reserved. The Ginga Scout logo which represents our international soccer network service name is a trademark and copyright material of Ginga Scout Inc. You agree not to display or use the Ginga Scout marks in any harmful manner intentionally or unintentionally.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

Notices and Procedures for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

User Demeanor

A. In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:

(1) Use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, credit, debit, calling card or account numbers.

(2) Use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements.

(3) "Stalk" or harass any other user of our Service.

(4) Collect or store any information about any other user other than in the course of the permitted use of our Service.

(5) Violate any applicable law or regulation.

(6) Infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights.

(7) Use the information available through our Service for any unauthorized purpose.

(8) Interfere with or damage our Service, 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.

(9) Use our Service for any commercial purpose whatsoever.

B. You are solely responsible for your interactions with other users of our Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Service and take any other action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.

User Content

A. By submitting any content (including without limitation, your videos) to our Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose.

B. You are solely responsible for any content that you submit post or transmit via our Service. You agree not to post or submit any content that:

(1) Exploits images or the likeness of individuals less than 18 years of age.

(2) Encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes).

(3) Is vilifying, defamatory or slanderous.

(4) Contains sexually explicit content (including nudity).

(5) May denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise.

C. We have no obligation to post any content that you or anyone else submits. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

Third Party Content

In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties regarding such content. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. You also agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.

Links to Third Party Sites and Viruses

Ginga Scout contains links to domestic and international internet sites. These links are not endorsements of any services, products, or companies. Furthermore, information on such site has not been endorsed or approved by Ginga Scout. All responsibility or liability for any damages caused by viruses contained within this internet site or in the channels of delivery are disclaimed by our website and we are not held responsible for any damages.

Property Rights

A. You agree that all content and materials available on our Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site.

B. You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at info@gingascout.com. You may, however, establish ordinary links to the homepage of our Website without our written permission.

Eligibility

By using the Services and/or the Website, you represent and warrant that:

(a) all registration information you submit is truthful and accurate;

(b) you will maintain the accuracy of such information;

(c) you are at 13 years of age or older, if the user is a minor, then he warrants that his parents or legal guardian has consented to him entering into this agreement and accept and agree to these Terms and Conditions as if they were the registered user;

(d) you have the authority to enter into this Agreement; and

(e) your use of the Services and/or the Website does not violate any applicable law, regulation or agreement. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age and do not have the consent of a parent or legal guardian. Users may not have more than one active Membership account.

Email and Password


You will use your email and chose a password when you complete the registration process. You are solely and fully responsible for maintaining the confidentiality of your email and password, and are solely and fully responsible for all activities that occur under your email and password.

You agree to:

(1) Immediately notify us of any unauthorized use of your email and password or any other breach of security.

(2) Ensure that you log off from your account at the end of each session because we cannot and will not be liable for any loss or damage.

(3) Never give your password or email to anyone in order to make sure that nobody can take actions on your behalf.

Modifications to Service

Ginga Scout reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without prior notice. You agree that Ginga Scout shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Uploading Your Profile Picture And Video(s) To Our Website

Whenever you upload material such profile picture(s) or video(s) or any other personal information to the Website, or use the Website to make contact with other users of the Website, such related material hereinafter referred to as profile information, you shall be solely responsible for your own profile picture and video(s) and the consequences of uploading them directly or indirectly from your computer that you use at the time being on our website or from any other website that you might have store your picture(s) or video(s). You are only allowed to upload appropriate profile picture(s) and video(s) of yourself only and not of any other person(s). We have the right to delete your profile picture, content of your profile and your video(s) at any time we feel that the content is inappropriate.

Account Termination

You agree that we, in our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your account(s) and all related information and files in such account(s) and/or bar any further access to such files or our Service.

Sales Terms

By subscribing to our service at Ginga Scout, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Sales Terms"). These "Sales Terms" are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any subscriptions or purchases made after such changes are posted to the Site. Therefore, you should review these "Sales Terms" prior to each subscription or purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, please do not subscribe to our service or make any purchases on Ginga Scout.

PLEASE READ THESE SALES TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Purchase Qualifications; Account Security

You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all subscriptions or purchases and other activities that occur under your account. Ginga Scout sells its products only to those users who can legally make purchases with a credit card or other acceptable payment methods offered by Ginga Scout. Ginga Scout reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.

Subscription Service Terms

Ginga Scout offers membership services for players, coaches, and scouts. A must fee has to be paid for each subscription. Registration is FREE, however, once you enroll in a membership your credit card will automatically be charged every one month or every 12 months based on the type of subscription selected. You agree to pay your subscription fee in advance of receiving any such Subscription Service. Ginga Scout reserves the right to discontinue or modify any subscription fee payment option at any time without notice.

If you choose a monthly based subscription or a yearly subscription service you agree that Ginga Scout . may automatically charge the subscription fee to your chosen payment method at the beginning of each period. Your access to the Ginga Scout subscription service will not be established until ginga scout has verified that the credit card or other payment information you provide Ginga Scout for payment is accurate and that your credit card account or other payment method account is in good standing. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify Ginga Scout if your selected payment method is cancelled (e.g., for loss or theft).

You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, relatives or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount.

PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at info@gingascout.com.

Payment Method and Terms

We accept PayPal as our primary form of payment. By submitting an order through Ginga Scout, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.

Cancellation and Refunds

Please note, unless Ginga Scout gives notice to the contrary, payment for subscription services are non-refundable. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given a refund. Ginga scout, at its discretion, may leave the subscription service active through the end of any prepaid billing cycle.

Subscription Termination

If your credit card is invalid for any reason, your subscription service will revert to a basic service account; provided, however, that Ginga Scout reserves the right to cancel your account entirely in such case, whereupon all the information and content contained within it will be deleted permanently.

Ginga scout accepts no liability for information or content that is deleted due to an invalid credit card. Product and Service Descriptions and Availability, Error and its suppliers continually upgrade and revise its products and services to provide you with new products and services.

Ginga Scout may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. We attempt to be as accurate as possible and eliminate errors on Ginga Scout, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free.

In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.

In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, Ginga Scout credits, with a value at least equal to the amount charged to your credit card.

Ginga Scout reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.