Scoutium aims to collect the footballer (“Footballer”) evaluations made by observer members (“Member”) who use Scoutium application (including web application and smart phone applications) (“System”), by entering the System, in the database, to process this data by using various algorithms, and to make it available for the use of its users.
The Member enrolls to the system through the website by filling in the following information to the System at the time of the application;
- Phone Number
- E-mail Address
- IBAN Number
- Date of Birth
The Member must provide correct, accurate and up to date information for enrollment. Otherwise, this Agreement shall be deemed breached and the account may be closed without notice to the Member. The Member shall be liable for password and account security in the website and third party websites. Otherwise, no liability may be attributable to Scoutium for data loss and security breaches or damages to hardware and equipment.
The Member is responsible to fulfill the observer duties she/he assumed on time.
The Member, when assumes a duty, expected to act in accordance with the specifications of the duty and to be present at the place of duty on time and not to leave the place of duty (the stadium) until the end of the game. The Member is obliged to upload to the System the evaluation report and the Footballer’s video recorded at the latest within 48 hours as of the end of the game. The Member shall, in no way, get in contact with the Footballer and the technical team during, before and/or after the game.
Once the Member fulfills him/her duties, the analyses sent by her/him shall be subject to Scoutium’s approval. If the Member performs at least four (4) analyzes and these four analyzes are approved by Scoutium ("Period of Probation"), the Member will be accepted as a Scoutium Observer and only Scoutium Observers are paid. Scoutium's approval of the Member's analysis within the Periot of Probation and the acceptance of the Member as a Scoutium Observer or the dismissal of the Scoutium Observer is at Scoutium's sole discretion. In this case, the Member who is not accepted as a Scoutium Observer and/or to be removed from his/her position as an Observer, cannot claim any payment or any right under any name and account from Scoutium. No payment shall be done for the live analyses which has not been approved by Scoutium. In this case, the Member cannot claim any payment or right from Scoutium.
The Member shall bear his/her own expenses that he/she makes while he/she is on his/her way to, during or after the game. The Member shall not claim any payment due to these expenses under any names whatsoever.
The Member shall completely be responsible for his/her own safety while he/she is on his/her way to, during or after the game. Scoutium shall not find responsible for any negative situations.
The Member shall evaluate the Footballers ONLY in line with his/her own personal opinions and while conducting his/her evaluation, he/she shall take the necessary care expected from him/her. In addition, the Member represents and undertakes that he/she should not share his/her evaluations with any clubs or third parties other than Scoutium.
The Member represents and undertakes that he/she should not accept any bribe, present, etc., incentive premium for non-objective evaluation, should not directly and/or indirectly use Scoutium for any similar purpose and that his/her comments should not include any elements which are defamatory or derogatory.
The Member represents and undertakes not to give any wrong personal information, not to open any accounts for a person other than himself/herself or not to open more than one personal account, or any fake accounts for the Footballer, football professional or club other than himself/herself. The Members whose accounts have been closed by Scoutium for any reason shall not open a new account without consent from Scoutium. The Member, in addition to being obliged to provide accurate personal information, is also liable to maintain his/her contact information correct and up to date. If the Member change or close his/her mobile phone number that is active on the System or if any of his/her information is changed, he/she must update his/her personal information within 48 hours through the System.
The Member represents and undertakes that he/she should not share his/her password with anyone, let others access to his/her accounts or conduct any action which will jeopardize his/her account. Having said that the Member shall not transfer his/her account to anyone without written consent of Scoutium. (Including pages and applications managed by the Member)
The Member represents and undertakes that he/she should not publish any unpermitted commercial content (spam, etc.) through the System, should not upload any virus or other codes that are in bad faith, should not conduct any multilayered marketing activity which are illegal such as pyramid schemes, should not request any Membership information of any other Member, should not access to any other person’s account, should not collect, store or process automatically any personal data, content or information that belong to other users without prior consent.
The Member represents and undertakes that he/she should not disturb, threat or harass any Members during his/her membership; should not make any hate speech on any subject; should not publish any content that is threatening or pornographic or encourages violence, nudity or visual or arbitrary violence.
The Member represents and undertakes that he/she should not take actions which would prevent Scoutium from functioning properly, overload its capacity, slow it down or adversely affect its appearance such as service blocking attack or intervention to page-building functions that will adversely affect the appearance.
The Member agrees and undertakes that he/she should not use Scoutium for any purpose other than the purpose of use set forth under this Agreement including but not limited for a purpose which is unlawful, deceptive, malicious, political or discriminatory and should not provide any advice or support which is in violation of Scoutium principles including the foregoing provisions.
The Member represents and undertakes not to use the personal timeline for his/her commercial profit.
The Member represents and undertakes that he/she should not, by any means or in any way, share any content on the System that violates the rights of others or laws, or conduct an action in that regards, infringe any intellectual property rights and/or any rights under the protection of personal data, share the identity information of others or any other financially critical information on the System, or send an e-mail invitation to any non-members contrary to their consent. If Scoutium encounters such content, it has the right to delete this content immediately and to indefinitely terminate the membership of the Member acting in violation of this article.
The Member represents and undertakes that he/she acts in compliance with all applicable laws when using the System or entering the System or fulfilling any obligation under this Agreement, otherwise, due to his/her violation, all legal and criminal liability should be borne by him/her. All rights not expressly granted to the Members by Scoutium are reserved by Scoutium.
The Member represents and undertakes not to use the System to create, check, update or modify any database, record or guide on behalf of any person.
The Member represents and undertakes that the whole or part of the System shall not be used for the purpose of disruption, modification or reverse engineering.
The Member represents and undertakes that he/she should not conduct any action by using false information or information of any other person, create false membership accounts by using false or misleading personal information including residence address, e-mail address, contact information, payment or account information, conduct the use of these accounts or any other Member's account in a way that is not in compliance with the applicable legislation or without consent, or become a party or participant in any transaction by substituting another person or replacing such person with a false name. The Member accepts, represents and undertakes that the analyzes to be uploaded to the System shall be uninterrupted, shall not be more than 1 month between the two analyzes uploaded to the System and shall be removed from his/her position by Scoutium if the Member does not upload at least two analyse for one month period.
The Member accepts that he/she would be personally liable for any damages given to a third party and/or Scoutium during the use of the services provided by Scoutium.
Scoutium shall have the right to unilaterally terminate the agreement if it finds that the Memberhas not performed in accordance with or has violated one or more of the provisions under this Article 2. In this case, the Member shall not claim any payments or rights from Scoutium.
Scoutium has the right to share and sell all in-app activities of Scoutium, including but not limited to the Members’ names, surnames, ranks, scores, score breakdowns, badges, number of followers of the Member, number of users followed, users followed, names of Footballers and clubs, names of users following, number of Footballers recommended by the Members, Scoutium membership date, Footballers evaluated previously, the club they favor, the scores taken as a result of the evaluation and their breakdown, the general index as a result of the evaluation of the Footballer, the number of his/her duties, the number of clubs the duties of which are made, the club's point star, the number of Footballers the duties of which are made, the names and numbers of the Footballers transferred, user photos, videos of Footballers taken and uploaded and the comments and likes about Footballers. In this case, the Member shall not claim any rights and/or receivables under any name and account.
Scoutium has the authority to unilaterally determine the persons to be elected as observers, the criteria to be determined for the selection of these persons and the Members to be removed from their positions as observers.
Scoutium may unilaterally change or suspend the scope of the services provided by Scoutium to its Members at any time. Scoutium is for users over 18 years of age. Therefore, if any user is identified by Scoutium as under 18 years of age and/or if they cannot meet the requirements of the legislation, the Member will be excluded from Membership. Some of the services provided to the Members by Scoutium may, in some cases, contain content appropriate for users over 18 years of age. Scoutium cannot be held responsible for any unlawful and undue scanning of these contents. In addition, any person who is convicted of sexual crimes cannot use Scoutium. Member hereby declares that he/she is not convicted of any sexual crimes.
Scoutium may remove or revoke a similar user name received for its Member’s account or page at any time and with no reason.
Scoutium reserves the right to share all articles and content published in the System including the Footballer evaluations, etc. with all its users and third parties as per the terms and conditions at its own discretion.
After the Footballer Observation Report prepared by the Member is approved by Scoutium upon and as per the duty approved by Scoutium, the credit determined for the Member before the duty shall be deposited to the account of the Member. The payment to be made in consideration of the Footballer Obervation Report approved by Scoutium shall be transferred to the Member’s account on the System within 3 (three) months upon approval. Scoutium has no obligation to make any payment to the Member whose Footballer Observation Report is not approved. The authority to determine and change the payments to be made to the Members within this scope is at the sole discretion of Scoutium.
The name and surname indicated for the bank account shall be the same name and surname of the Member. The payment shall be deemed made once Scoutium sends the consideration to the relevant account. Scoutium shall not be liable for accuracy of the membership and account information that are set forth by the Members on the System, or any delay of payment or any other problems due to the inconsistency of these information and/or any other reason.
The Member who is a Scoutium observer can transfer the credit saved on the System to his/her bank account indicated on the System. Scoutium may determine a fee for this transfer and change its amount whenever it desires. If a member whose status of being an observer expires does not transfer his/her credit to his/her bank account, the credit shall be recorded to the account of Scoutium as revenue.
Scoutium currently provide mobile services free of charge. However, the operators ordinary fees and tariffs (sms and internet connection fees etc.) shall still be applicable.
The Member is deemed to have accepted the payment conditions when he/she makes a payment to Scoutium.
Scoutium may stop providing services partially or entirely to the Member in the event that the Member breaches the essence or the text of this Agreement or a provision of the applicable legislation or exposes Scoutium to a risk or any other potential legal sanction. This situation shall be informed to the Member through e-mail or during his/her access to his/her account. In this case, the Member accepts that he/she might not claim any rights and/or receivables from Scoutium under any name or account and in the event of damages to third parties and/or Scoutium, he/she should be liable for such damages. On the other hand, the Member may delete his/her account whenever he/she wants or deactivate the application, however all his/her data entered in the System either by him/her within the scope of this Agreement shall be kept by Scoutium in its database and Scoutium has the right to share this data with all the users or third parties or process or sell these data with the terms and conditions determined at Scoutium’s discretion. In such case, the Member may not claim any rights and/or receivables from Scoutium under any name or account.
If any real and/or legal person initiate a lawsuit against Scoutium or the Members due to the activities, content and information of the Member on Scoutium, Scoutium cannot be held liable for any damages, losses or expenses in connection with the subject of such lawsuit (including any reasonable legal fees and expenses). Scoutium shall not liable for the content or information published or shared on Scoutium by the Member and the type of acquisition of such content or information by the Member. Scoutium shall not be liable for any offensive, derogatory, improper, obscene, in violation of morality or law or otherwise inappropriate content or information that can be seen on Scoutium. Scoutium shall not be liable for any online or offline activities of any Member.
In the event that Scoutium has suffered any damage due to the Member’s breach of obligations under this agreement, Scoutium shall have the right to recourse to all third party payments to the respective Member.
WE USE OUR BEST EFFORTS TO CONSTANTLY KEEP SCOUTIUM IN PROPERLY FUNCTIONING, VIRUS-FREE AND SECURE CONDITION, HOWEVER, WHILE USING SCOUTIUM, THE RISKS THAT MAY BE ENCOUNTERED BY THE USERS ARE UNDER THEIR OWN LIABILITY. SCOUTIUM IS SERVED WITHOUT ANY EXPLICIT OR IMPLICIT GUARANTEES INCLUDING BUT NOT LIMITED WITH STEALTH MARKETING, AVAILABILITY FOR A SPECIAL PURPOSE OR NON-INFRINGEMENT GUARANTEES. SCOUTIUM DOES NOT GUARANTEE THAT SCOUTIUM WOULD ALWAYS BE SAFE, SECURE AND ERROR-FREE OR WORK WITHOUT ANY DELAYS OR DEFICIENCIES. SCOUTIUM SHALL NOT BE LIABLE FOR ANY ACTION, CONTENT, INFORMATION OR DATA BELONG TO THIRD PARTIES AND TYPE OF ACQUISITION OF THESE DATA.
(a) www.scoutium.com website and all other websites (including subdomains, international versions, widgets and mobile versions) under the Scoutium brand or partnership; (b) our platform; (c) social attachments such as a “Like” button, “Share” button, and other similar possibilities; and (d) any other media, brands, products, services, software (such as toolbar), devices, or networks that are currently available or will be developed in the future belong to Scoutium. Scoutium reserves the right, at its sole discretion, to determine that certain brands, products or services are governed by separate terms and not by this Agreement.
Scoutium may, at any time, amend the services provided on the website and the terms of this agreement in whole or in part. Amendments will be effective from the date of publication on the website. It is the responsibility of the Member to follow these amendments. The Member is deemed to have accepted these amendments by continuing to benefit from the services provided.
If any provision of this Agreement is held invalid or unenforceable, it shall not affect the validity or enforceability of the other provisions. The invalid or unenforceable provision shall be deemed to have been modified by another clause which is closest to the meaning of the preceding clause, unless the validity and viability of the preceding clause is indispensable to the Agreement from the very beginning.
This Agreement represents the entire agreement between the Member and Scoutium and supersedes all prior agreements, contracts or representations made between the parties heretofore. This Agreement shall not provide any right for the benefit of any third party.
The Member shall not transfer his/her rights and obligations arising from this agreement to anyone without prior written permit from Scoutium. Scoutium has the right to freely transfer its rights and obligations arising from this agreement in connection with any mergers and acquisitions, asset sale or application of any legal provision or decision.
This Agreement is in Turkish. If any translation of this Agreement conflicts with the Turkish text, the Turkish text shall prevail.
This agreement will be interpreted in accordance with the laws of the Republic of Turkey, and the rights and obligation of the parties thereof shall be exclusively subject to these laws. Istanbul Central (Caglayan) Courts and Execution Offices shall have the jurisdiction on any dispute that may arise out of this agreement. Scoutium's books, records and documents, and computer records and fax records shall be deemed to be evidence in accordance with the Law on Civil Procedure numbered 6100 for any disputes that may arise between the parties for the transactions related to this agreement, and the user agrees not to object to such records.