BESCOUTED Limited – Terms of Service
Effective 1st May, 2020
Effective 1st May, 2020
“Partner” means a club, brand, or similar body who has entered into an agreement with BeScouted and who offers its content, experiences, and brand affiliation to benefit Players or the football landscape through the BeScouted Service.
“Partner Representative” means any natural or legal entity that is legally obliged to represent the Partner when entering into agreements.
“Industry Professional” means a natural or legal person using BeScouted Service, as either a coach, club, scout, agency or similar entity.
“BeScouted” means BESCOUTED LIMITED, whose registered address is Sorrel, Lower Farm Road, KT24 5JL United Kingdom, Company No. 12364744 for Users registered in any location.
“BeScouted App” means any digital application called BeScouted provided by BeScouted for natural and legal persons to create a football profile or presence by uploading content either as a User or Partner.
“BeScouted Service” means both BeScouted App and BeScouted website bescouted.football and other additional locations as mentioned at bescouted.football
“Player” means a natural or legal person or individual using the BeScouted Service, as a player, uploading content that is visible to industry professionals.
“Player Content” anything posted by a Player or made available through the BeScouted Service by the Player.
2.1. BeScouted acts as an intermediary between the Player and the Industry Professionals and provides a platform on which the Player can upload content, feedback or interaction can then be made by Industry Professionals.
2.2 In exchange, the Partners provide information about exclusive offers, news, content, special events, trial and scouting opportunities through the BeScouted Service.
2.3 A Player or Industry Professional may create a profile as either a player, a coach, or a scout depending on their involvement in football into which they will then input relevant data.
2.4 The objective of providing BeScouted with this data is to help Players to track, and progress through their football career. The data provided by Players is used by BeScouted to analyse the youth football industry as a whole, and to connect Players with Industry Professionals.
3.1 In order to use the BeScouted Service, the Player must create a user account by following the registration instructions in the BeScouted Service. The BeScouted Service credentials are personal. The Player shall ensure that any player account credentials, and equivalent information required to access the player account of the Player are kept confidential and used in a secure manner not accessible by third parties. A Player can have only one player account.
3.2 Where it is suspected that any unauthorised person has become aware of a Players account credentials or has access to the account of the Player, the Player shall immediately inform BeScouted thereof. The Player shall be responsible for any use of the BeScouted Service and any activity under the account of the Player.
3.3 In order to use the BeScouted Services, the Player must input valid and accurate results and data to the best of their ability. The Player agrees to adhere to these rules. The Player is responsible to keep their data up to date and accurate, in order to benefit from any profiling, or celebration from Industry Professionals or from BeScouted.
4.1 The purpose of utilising the Players data will be in the spirit of benefitting youth football as a whole, and the Player themselves wherever possible.
4.2 BeScouted will request data that is closely linked to 2.4 and will minimise excessive data collection.
4.3 The onus is on the user to ensure that their data is up to date and accurate via their inputs. From this, BeScouted will ensure that information stored will be accurate and up to date too.
4.4 BeScouted shall store the data on Players for an unlimited period of time. This is to monitor progression over time, as well as to follow trends in youth football as a whole. If the Player does not agree with this, they may request for their account to be deleted.
4.5 BeScouted will take any reasonable steps to ensure that personal data is kept secure – against both external and internal threats.
4.6 The data provided by Players to the BeScouted service may be accessed directly by third party providers. This data will not be made anonymous and may be hosted on a third-party provider’s server.
4.7 Furthermore, the Player may at any period request that for a complete set of their data from BeScouted. In this case, the Player should submit the request via email to firstname.lastname@example.org . The company will provide the data to the Player in a reasonable time period.
5.3 Once the agreed upon community is present on BeScouted, the Partner will then receive various benefits from BeScouted, including but not limited to an official Partner page on the BeScouted Service, data on the community’s performance, a personal account manager, co-hosting event opportunities, as well as access to BeScouted team and resources.
6.1 By using the BeScouted Services, the Player agrees for their information to be shared with applicable Partners or Industry Professionals in order to be profiled, sponsored, scouted, or to receive special offers or opportunities.
6.2 With this agreement, the Player also accepts that the BeScouted Service is only able to highlight players or coaches on which BeScouted has specific data. This means that the onus is on the Player to ensure that their profile is up to date and correct.
6.3 The opportunities created in order to highlight talent are at BeScouted complete discretion. BeScouted may take into account the Players data, social following, content, feedback, or any other measure in order to support talent.
7.1 Players may post, save, upload and/or contribute (“post”) content to the BeScouted Service, including pictures, text and videos (goals, assists, substitutions, cards or similar inputs).
7.2 Players retain all rights in, and are solely responsible for, the Player Content posted on BeScouted.
7.3 Upon posting Player Content on BeScouted, the BeScouted Service is granted a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Player Content that you post on or in connection to BeScouted.
7.4 This license is applicable for the Players period of having a BeScouted account or deletes Players Content. This does not take into account Player Content that has been shared by others, including but not limited to Partners, Industry Professionals and BeScouted.
7.5 BeScouted and its Partners may retain and continue to use, store, display, reproduce, repost, modify, perform, and distribute any of your Player Content that other users have stored or shared through BeScouted. Furthermore, removed content may persist in backup copies for a reasonable period of time (but not available to others).
7.6 BeScouted is not responsible for any Player Content nor does it endorse any opinion contained in Player Content. We reserve the right to remove and modify Player Content for any reason including Player Content that we believe violates these Terms.
7.7 BeScouted values feedback from Players, Industry Professionals and Partners, and we are always interested in learning how to improve and make BeScouted better. If Players, Industry Professionals or Partners submit comments, ideas or feedback, you understand that we are free to use them without any restriction or compensation. However, we are not obliged to use comments, ideas or feedback, just as you have no obligation to offer them.
7.8 You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all uploaded data that you submit. BeScouted shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any uploaded data. BeScouted may try to restore lost data, however we do not make any warranty to recovering or restoring lost data.
7.9 There is no tolerance for objectionable content or abusive players. If a Player is found to act in this manner, their account will be suspended with immediate effect.
8.1 All Intellectual Property Rights in or related to the BeScouted Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of BeScouted and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
8.2 These Terms of Service do not grant the Player or Industry Professional any Intellectual Property Rights in the BeScouted Service and all rights not expressly granted hereunder are reserved by BeScouted and its subcontractors/licensors.
9.1 The BeScouted Service does address persons under the age of 16 (“Children”). We collect personally identifiable information of persons under the age of 16 and take precautions to safeguard your Children. If you are a parent or guardian, your Children require parental consent (“Parental Consent”) to access the full set of BeScouted Services, and you may access your Children’s account by contacting the BeScouted team (via email email@example.com). Once the BeScouted team can verify the identity & relationship of the parent/carer to the child, we can email the players data to you. If we become aware that we have enabled Verified Features without Parental Consent, we will take steps to remove that information from our servers.
9.2 The Player, Industry Professional or Partner shall observe all applicable rules and regulations when using the BeScouted Service, including the creation or adaption of content.
9.3 We are constantly developing the BeScouted Service and we may change or remove different parts of the BeScouted Service, including features, the products and Partners available in the BeScouted Service in part or in whole.
9.4. By using the BeScouted Service, the Player, Industry Professional or Partner may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. BeScouted does attempt to review any content provided by the Partners. BeScouted is not responsible for third parties’ (including the Partners’) content or information or for any damages arising as a result of the use of or reliance on it.
9.5 Players, Industry Professionals and Partners shall be responsible for obtaining and maintaining any devices or equipment (such as mobile phones) and connections needed for access to and use of the BeScouted Service and all charges related thereto.
9.6 The Player, Industry Professional or Partner will not:
(i) use or attempt to use another person’s BeScouted account and/or access another person’s performance data on the BeScouted Service or use another person’s input data when using the BeScouted Service, without consent of that other person;
(ii) copy, modify or create derivative works of the BeScouted Service or any related technology;
(iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the BeScouted Services or any related technology, or any part thereof;
(iv) remove any copyright, trademark or other proprietary rights notices contained in or on the BeScouted Service;
(iv) remove, cover or obscure any advertisement included on the BeScouted Service;
(v) collect, use, copy, or transfer any information obtained from the BeScouted Service without the consent of BeScouted;
(vi) use bots or other automated methods to use the BeScouted Service;
(vii) create a BeScouted account using a fake identity or an identity of another person; and
(viii) access the BeScouted Service except through the interfaces expressly provided by BeScouted, such as the BeScouted App and BeScouted Website.
9.7 BeScouted shall process any personal data collected from the User in accordance with the BeScouted Privacy Statement.
10.1 These Terms of Service are in force as a binding agreement until further notice as long as the Player, Industry Professional or Partner are using the BeScouted Service.
10.2 The Player, Industry Professional or Partner can discontinue the use of the BeScouted Service at any time. BeScouted can discontinue providing the BeScouted Service permanently or temporarily at any time.
The following section is only applicable to non-consumer Players, Industry Professionals or Partner of the BeScouted Service. Under no circumstances shall BeScouted be liable to the Player, Industry Professional or Partner for any indirect damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages as a result of third party agreements between Players, Industry Professionals and Partners.
12.1 Please note that the BeScouted Service may at any time be interrupted or permanently discontinued. The BeScouted Service may also be temporarily suspended. Do not use the BeScouted Services for backing up any data.
12.2 The Partner is solely liable for any misuse of data on behalf of their members, based on their agreement.
13.1 These Terms of Service shall be governed by and shall be construed in accordance with the laws of United Kingdom. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. Disputes arising from these Terms of Service shall be resolved by the district court of United Kingdom. A consumer may always institute proceedings in the district court of its domicile. Parties may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on https://ec.europa.eu/odr.
14.1 These BeScouted Terms of Service are subject to amendments.
14.2 BeScouted shall publish the amended BeScouted Terms of Service at the BeScouted Website and shall inform the Players, Industry Professionals and Partners that the BeScouted Terms of Service have been amended on the BeScouted Service or by email to the email address submitted to the BeScouted Service by the Player, Industry Professional or by the Partner. If the Player, Industry Professional or Partner does not agree to any amended BeScouted Terms of Service, this entity, natural or legal, shall discontinue the use of the BeScouted Service.
15.1 BeScouted shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to BeScouted Service without the Player, Industry Professional or Partner’s prior consent.
15.2 The Player, Industry Professional or Partner shall not be entitled to assign any of its rights or obligations hereunder in whole or part.