Version 1.0
These Scout Plaza Online Community Terms and Conditions (the “Terms”), together with the Scout Plaza privacy notice available here https://www.telenav.com/legal/policies-scout-plaza-privacy-notice and Telenav Privacy Policy (https://www.telenav.com/legal/policies-privacy-policy) and the user terms referenced below from the third-party social media providers shall govern the participation by you (“You”) in the Scout Plaza online community social media channels (the “Scout Plaza”). By visiting Scout Plaza or registering as a user of Scout Plaza, you accept the Terms.
Scout Plaza is comprised of social media channels located at the following sites:
• Scout Plaza on Discord: https://discord.com/channels/1220449421183942676
• Discord Terms: https://discord.com/terms
• Discord Privacy Policy: https://discord.com/privacy
2.1 General. Scout Plaza is an Internet-based service hosted by Telenav utilizing social media channels that allows You to interact with Telenav and its employees as well as with other third-party users of Scout products. These channels will allow You to upload content, submit questions and communicate with Telenav employees and third-party Scout enthusiasts (collectively, the “Services”). Scout Plaza is for your personal use only and You are not allowed to sell or transfer these benefits to any third party for any reason.
2.2 Third Party Links. Scout Plaza may include links to sites on the Internet that are owned and/or operated by third parties. If You choose to use such links, You agree to review and accept such third party’s terms of use. Access to third party sites is at your own risk.
2.3 Trademarks. These Terms do not grant You any rights to use any trademarks.
In order to participate in Scout Plaza, You need to accept these Terms and register on the aforementioned social media sites. To register You need to create a user name and password. You agree to provide truthful, accurate and complete information when You are registering, and You agree to maintain and update any information provided. Any false identification or email address or otherwise misleading information about your identity is forbidden. Use of Scout Plaza by using your user name and/or password is assumed by Telenav to have been made by You and thus You are responsible for such use. You agree to take reasonable measures and use due care to protect your user name and password to prevent misuse by third parties. You agree to indemnify Telenav against any loss or damaged caused as a result of misuse of Scout Plaza by a third party where such misuse was made possible by your failure to take such reasonable measures or due care to protect you user name and/or password. You shall promptly notify Telenav of any unauthorized use of your user name and/or password.
4.1 Some of the Services allow users to upload, download, edit, test, host, share and/or publish content, including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, applications, Feedback, data, messages, answers, questions, comments, suggestions, ideas, plans, requests, reports or other materials (“User Content”).
4.2 You are solely responsible for any submission of User Content and You agree to acquire any consents, permissions or licenses needed as required by these Terms. If your User Content contains a link to content of a third party, You shall be responsible for acquiring consent for creating such link prior to making the User Content available if consent is required by applicable legislation or term of use of the linked sites. Upon such submission of any User Content to Scout Plaza, You grant to Telenav and all users of Scout Plaza a non-exclusive, royalty free, perpetual, worldwide, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, adapt, create derivative works of, distribute and display such User Content throughout the world in any media, product and/or service, without compensation, restrictions on use, acknowledgement of source, accountability or liability, and with a waiver of all moral rights and rights of attribution, integrity and identity.
4.3 If you provide any comments, suggestions or ideas relating to a Telenav product (“Feedback”), You agree that Telenav shall own all right, title and interest in such Feedback.
4.4 By submitting User Content to Scout Plaza and using the Services, You represent and warrant that:
4.4.1 You own the User Content submitted by You to Scout Plaza or otherwise have the right to grant the licenses and rights set forth above. User Content submitted by You does not contain content that is unlawful, defamatory, offensive, abusive, libelous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages any illegal activity, criminal offense or civil liability;
4.4.2 User Content submitted by You does not contain a virus, Trojan horse, “sniffer” routines, backdoors, “robots”, “spiders”, worms or time bombs, bots, or any other harmful source code, file, program or programming routines, or other contaminating or destructive features;
4.4.3 You will not submit any advertisements or solicitations of business;
4.4.4 User Content submitted by You does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others;
4.4.5 You will not submit any unauthorized or unsolicited bulk email solicitations, chain letters, advertisements, marketing or promotional materials, junk mail, spam or pyramid schemes or any other solicitations or communications, including, without limitation, spamming Telenav or other participants in Scout Plaza, or use or collect others users names or email addresses or phone numbers, information or postings, or use Scout Plaza or Service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to Telenav’s or any user’s computer systems.
4.4.6 You will not send any such messages through Scout Plaza to any other user that contains vulgar, abusive or otherwise inappropriate language.
4.4.7 You will not disrupt the flow of discussion in the discussion boards with vulgar, abusive, or otherwise inappropriate language.
4.4.8 You agree not to take action against Telenav in relation to the User Content you submit.
4.4.9 Your postings or User Content shall not cause injury or harm to any persons or entities.
4.4.10 You will not use Scout Plaza to stalk or harass another person, and your User Content and use of the Services will not suggest or encourage any illegal activity.
4.4.11 You use of Scout Plaza or Services will not compromise the security or integrity of Scout Plaza by imposing a disproportionate or unreasonably large load on Scout Plaza, Services or infrastructure.
4.5 You shall use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photographs or video submissions to Scout Plaza.
4.6 Any use of Scout Plaza, Services and User Content which does not comply with the foregoing is strictly prohibited. Telenav expressly disclaims any liability arising out of or relating to the User Content.
4.7 Written notifications of claimed copyright infringement should be sent to scoutsupport@telenav.com (“Designated Agent”). To be effective, the notification must include the following:
4.7.1 A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed:
4.7.2 Identification or description of the copyrighted work claimed to have been infringed;
4.7.3 Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;
4.7.4 Your name, address, telephone number, email address and any other information which will permit the Designated Agent to contact You;
4.7.5 A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
4.7.6 A statement that the information in the notification is accurate and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4.8 For written notifications of any other User Content which is inappropriate, unlawful, defamatory, offensive, abusive, or otherwise unfit for publications, please send an email to scoutsupport@telenav.com stating your full name and address, details of the location of the User Content in question and a detailed explanation of why the User Content is inappropriate, offensive or unlawful.
4.9 Telenav may remove any User Content that is, in its sole judgment, believed to violate these Terms or which is judged to be offensive, illegal or violate the rights of, or harm or threaten the safety of any person. Telenav assumes no responsibility for monitoring Scout Plaza for inappropriate User Content or conduct.
You acknowledge that the submission of comments or information through Scout Plaza may be published within Scout Plaza and subject to many diverse kinds of users and that such users are of different ages and levels of experience. Telenav does not assume responsibility for monitoring the material posted and published. Your use of the public forums provided as part of Scout Plaza is at your own risk and you are solely responsible for all and any actions You take as well as for all actions You take based on information gained during such public forum.
SCOUT PLAZA, SERVICES, CONTENT AND USER CONTENT ARE PROVIDED BY AND ON AN “AS IS” AND “AS AVAILABLE” BASIS. TELENAV DOES NOT WARRANT THAT SCOUT PLAZA WILL BE UNINTERRUPTED OR ERROR OR VIRUS FREE. TELENAV RESERVES THE RIGHT TO REVISE SCOUT PLAZA OR WITHDRAW ACCESS TO IT/THEM AT ANY TIME WITHOUT NOTICE TO YOU. TELENAV EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY OR RELIABILITY. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF SCOUT PLAZA AND SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO USER CONTENT FROM VARIOUS SOURCES. TELENAV ASSUMES NO LIABILITY OR REPONSIBILITY FOR ANY USER CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF SCOUT PLAZA.
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, TELENAV, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE OR GOODWILL, ANTICIPATED SAVINGS OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE SCOUT PLAZA OR SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. TELENAV’S LIABILITY IS, IN SUCH CASE, LIMITED TO THE GREATED EXTENT PERMITTED BY LAW. SCOUT PLAZA IS HOSTED IN AND MADE AVAILABLE FROM THE UNITED STATES. IN THE EVENT YOU ACCESS SCOUT PLAZA FROM ANY JURISDICTIONS OTHER THAN THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TELENAV, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL THIRD-PARTY CLAIMS AND ALL LIABILITIES, ASSESSMENTS, LOSSES, COSTS OR DAMAGES RESULTING FROM OR ARISING OUT OF: (I) YOUR BREACH OF THESE TERMS OR PRIVACY POLICY; OR (II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT OR PRIVACY OF A THIRD PARTY.
These Terms are effective as of the date of your acceptance of the Terms and are valid until further notice. Telenav has the right to change these Terms and Privacy Policy from time to time in its sole discretion. Such changes shall become effective upon posting of a notification on Scout Plaza social media channels. Your continued use of Scout Plaza after the posting of new Terms will be deemed acceptance of such new Terms. Telenav reservices the right, in its sole discretion and with immediate effect, and without liability, to remove
your access to all or part of Scout Plaza without prior notice. You may, at any time, terminate your access to Scout Plaza by withdrawal or remove yourself from the social media channel. In the event of termination, the provisions of these Terms and Privacy Policy that are intended to survive such termination shall remain unaffected by such termination, including without limitation, Section 7 (Limitations of Liability) and Section 8 (Indemnity) shall survive termination of these Terms.
Telenav shall have the right to assign these Terms and Privacy Policy or its rights and/or obligations hereunder to a third party without prior consent from You.
These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law provisions. In the absence of effective enforcement of arbitration under these Terms, any dispute under these Termsshall be brought in the state and federal courts located in Santa Clara County, California, USA, and You and Telenav hereby consent to the personal jurisdiction and venue of said courts. Nothing in this Agreement limits a party’s right to apply to a competent court for injunctive or other equitable relief: (i) in relation to an infringement of intellectual property rights; or (ii) in respect of misuse of Confidential Information or breach of confidence, or to take action in any jurisdiction to enforce a judgement or other decision.
If any provision of these Terms are held, by the final judgment of a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible to effect the intent of the parties, or, to the extent incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms shall remain in full force and effect.