Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.IN PARTICULAR, LISTERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO LISTER PAYING RENTERS FOR SHORT-TERM RENTALS. IN MANY CITIES, LISTERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING RENTERS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. LISTERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON SLOSCOUT.
Last Updated: Februar 02, 2019
1. Key Terms
Sloscout provides an online platform that connects listers who have properties to rent with renters seeking to rent such properties for uses including but not limited to motion pictures, television and other types of creative productions (collectively, the "Services"), which Services are accessible at www.Sloscout.com and any other websites through which Sloscout makes the Services available (collectively, the "Site").If you are using the Site or Services, these Terms of Service are between you and Sloscout, Inc. (hereinafter referred to as "Sloscout", "we", "us", or "our") with respect to use of the Site or Services and with Braintree, a third-party payment processor, (“Braintree”) with respect to any payments or payouts from or to you conducted through the Site."Booking Request Period" means the time period starting from the time when a booking is requested by a Renter (as determined by Sloscout in its sole discretion), within which a Lister may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different places."Collective Content" means Member Content and Sloscout Content."Content" means text, graphics, images, music, software, audio, video, information or other materials."Sloscout Content" means all Content that Sloscout makes available through the Site and Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content."Lister" means a Member who creates a Listing via the Site and Services."Listing" means a Property that is listed by a Lister to be available as a rental via the Site, and Services."Member" means a person who completes Sloscout's account registration process, including but not limited to Listers and Renters, as described under "Account Registration" below."Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Sloscout promotional campaign to be made available through the Site or Services."Property" means residential, commercial and other properties."Renter" means a Member who requests from a Lister a booking of a Listing via the Site or Services."Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes, transient occupancy taxes, tourist or other visitor taxes, property or lodging taxes, fees (such as convention center fees) that Property providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
2. Terms of Service
Sloscout reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.For users in the Slovenia, Sloscout may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside Slovenia, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Sloscout's vendors.5. How the Site and Services WorkThe Site and Services can be used to facilitate the listing and booking of Properties. Such Properties are included in Listings on the Site and Services by Listers. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Property or create a Listing, you must firstt register to create a Sloscout Account (defined below).As stated above, Sloscout makes available an online platform or marketplace with related technology for Renters and Listers to meet online and arrange for bookings of Properties directly with each other. Sloscout is not an owner or operator of properties, nor is it a provider of properties, and Sloscout does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Unless explicitly specified otherwise in the Sloscout platform, Sloscout's responsibilities are limited to facilitating the availability of the Site and Services.PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE LISTERS AND RENTERS CONNECTING AND BOOKING PROPERTIES DIRECTLY WITH EACH OTHER. SLOSCOUT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTIES. SLOSCOUT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
6. Account Registration
In order to access certain features of the Site and to book a Property or create a Listing, you must register to create an account ("Sloscout Account") and become a Member. You may register to join the Services directly via the Site or as described in this section.You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site, as described below. As part of the functionality of the Site and Services, you may link your Sloscout Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Sloscout through the Site or Services; or (ii) allowing Sloscout to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Sloscout and/or grant Sloscout access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Sloscout to pay any fees or making Sloscout subject to any usage limitations imposed by such third-party service providers. By granting Sloscout access to any Third-Party Accounts, you understand that Sloscout will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site and Services via your Sloscout Account and Sloscout Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Sloscout Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Sloscout's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Sloscout Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Sloscout makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Sloscout is not responsible for any SNS Content.Your Sloscout Account and your Sloscout Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Sloscout Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Sloscout reserves the right to suspend or terminate your Sloscout Account and your access to the Site and Services if you create more than one (1) Sloscout Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Sloscout Account, whether or not you have authorized such activities or actions. You will immediately notify Sloscout of any unauthorized use of your Sloscout Account.
7. Property Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Property to be listed, including, but not limited to, the property, capacity, size, features, and availability of the Property and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Properties must have valid physical addresses. Listings will be made publicly available via the Site and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Renter and Lister preferences, ratings and/or ease of booking.Other Members will be able to book your Property via the Site and Services based upon the information provided in your Listing, your Renter requirements, and Renters' search parameters and preferences. You understand and agree that once a Renter requests a booking of your Property, you may not request the Renter to pay a higher price than in the booking request.You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Renter's stay at, a Property in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as property owners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Property included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Sloscout assumes no responsibility for a Lister's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Sloscout reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Sloscout, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.If you are a Lister, you understand and agree that Sloscout does not act as an insurer or as your contracting agent. If a Renter requests a booking of your Property and stays at your Property, any agreement you enter into with such Renter is between you and the Renter and Sloscout is not a party to it.If you are a Lister, Sloscout makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Property. You acknowledge and agree that, as a Lister, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Property, if applicable.)Sloscout may offer Listers the option of having photographers take photographs of their Properties. If you as a Lister choose to have photographer do this, Sloscout shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words "Sloscout.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Lister for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Sloscout Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Sloscout. If your Sloscout Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Sloscout retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
8. No Endorsement
Sloscout does not endorse any Member, Listing or Property. You understand that Verified Images are intended only to indicate a photographic representation of the Property at the time the photograph was taken. Verified Images are therefore not an endorsement by Sloscout of any Member, Listing or Property.Members are required by these Terms to provide accurate information. Although Sloscout may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.By registering for a Sloscout Account, you agree that Sloscout may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we'll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.Any references in the Site or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Sloscout about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Lister or to accept or preapprove a booking request from a Renter, or to have any other interaction with any other Member. Except as provided in the Sloscout Host Insurance Terms and Conditions ("Sloscout Host Insurance"), which is an agreement between Sloscout and Listers, we are not responsible for any damage or harm resulting from your interactions with other Members.By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Sloscout with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Lister against Sloscout regarding the remittance of payments received from a Renter by Sloscout on behalf of a Lister, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
9. Bookings and Financial Terms
A. Key definitions"Lister Fees" means the fee that Sloscout charges a Lister for the use of the Services, which is calculated as a percentage of the applicable Property Fees. The Lister Fees will be displayed to the Lister when the Lister is asked whether to confirm or reject a booking request from a prospective Renter."Payment Method" means a payment method that you have added to your Sloscout Account, such as a credit card, debit card or PayPal."Property Fees" means the amounts that are due and payable by a Renter in exchange for renting a Property. This includes the Lister Fees, the Property Management Fees (if applicable) and, the Processing Fee. The Lister alone, and not Sloscout, is responsible for setting the Property Fees for his or her Listing."Property Manager" means a person or a company providing assistance to the Lister with listing and renting out the Property."Property Management Fees" means the fee that Property Manager charges a Lister for assisting a Lister with listing and renting out the Property, which is calculated as a percentage of the applicable Property Fees. The Property Management fees will be displayed to the Renter when the Renter is asked whether to send a booking request to a Lister."Service Fees" means collectively the Property Management Fees and the Lister Fees."Total Fees" means collectively the Property Fees and the Service Fees plus any Taxes.B. Appointment of Braintree as Limited Payment Collection Agent for ListerEach Lister hereby appoints Braintree as the Lister’s limited payment collection agent for the purpose of accepting the Property Fees from Renters. Each Lister agrees that payment made by a Renter through Braintree, shall be considered the same as a payment made directly to the Lister, and the Lister will make the Property available to the Renter in the agreed-upon manner as if the Lister has received the Property Fees.C. Bookings and Financial Terms for ListersIf you are a Lister and a booking is requested for your Property via the Site or Services, you will be required to either preapprove, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site or Services, we will share with you (i) the ftaxt and last name of the Renter who has requested the booking, (ii) a link to the Renter's Sloscout Account profile page. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Braintree for the requested booking will be refunded to the applicable Renter. When you confirm a booking requested by a Renter, Sloscout will send you an email, text message or message via the Site confirming such booking, depending on the selections you make via the Site and Services.Braintree will collect the Total Fees from Renters at the time of the booking request or upon the Lister's confirmation and will initiate payment of the Property Fees (less applicable fees and taxes) to the Lister and the Property Management Fees to the Property Manager in most cases within 24 hours of the scheduled check-in time of the Renter at the applicable Property (except to the extent that a refund is due to the Renter).D. Bookings and Financial Terms for RentersThe Listers, not Sloscout, are solely responsible for honoring any confirmed bookings and making available any Properties reserved through the Site and Services. If you, as a Renter, choose to enter into a transaction with a Lister for the booking of a Property, you agree and understand that you will be required to enter into an agreement with the Lister and you agree to accept any terms, conditions, rules and restrictions associated with such Property imposed by the Lister. You acknowledge and agree that you, and not Sloscout, will be responsible for performing the obligations of any such agreements, that Sloscout is not a party to such agreements, and that Sloscout (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.The Total Fees payable will be displayed to a Renter before the Renter sends a booking request to a Lister. As noted above, the Lister is required to either preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically canceled. Upon receipt of your booking request, Braintree may initiate a pre-authorization and/or charge a nominal amount to your Payment Method. If a requested booking is canceled (i.e. not confirmed by the applicable Lister), any amounts collected by Braintree will be refunded to such Renter, depending on the selections the Renter makes via the Site, and any pre-authorization of such Renter's Payment Method will be released, if applicable.You as a Renter agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your Sloscout Account. Braintree will collect the Total Fees pursuant to these Terms.Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.E. Service Fees and Other FeesIn consideration for the use of Sloscout's online marketplace and platform, Sloscout charges Lister Fees. Braintree collects these Lister Fees, and, where applicable, may also collect Taxes in respect of the Lister Fees and Property Management Fees. Sloscout deducts the Lister Fees and Property Management Fees from the Property Fees before remitting the balance to the Lister.More information on any such costs or deductions will be available via the Site. More information on Services Fees can be found at https://help.Sloscout.com. Except as otherwise provided herein, Service Fees are non-refundable.F. Cancellations and Refundsi. Cancellations by RentersAs a Renter, you may cancel any reserved Booking before it is confirmed by the Lister without further obligation.Once a booking is confirmed by a Lister, the following cancellation and refund rules apply to Renters:• Cancellation within 24 hours of booking. Any booking cancelled by a Renter twenty four (24) hours, or fewer, after booking confirmation adheres to Sloscout’s Grace Period cancellation policy which merits a full-refund to the Renter.• Cancellation 48 hours or fewer before the booking start date. Any booking cancelled by a Renter forty eight (48) hours, or fewer, prior to the start of the booking period is non-refundable and the Renter will be charged the Total Fees stipulated in the booking request.• Cancellation more than 48 hours prior to the booking start date. For any booking cancelled by a Renter more than forty eight (48) prior to the start of the booking period, the Renter will be charged fifty percent (50%) of the Total Fees stipulated in the booking request.In the event a Renter cancels a booking that, pursuant to this Section 9(f)(i), requires payment in the form of a refund to a Renter or payout to a Lister, Sloscout will keep the Property Fees until the day on which the cancelled booking was to begin at which time Sloscout will begin to process any applicable payments to the Renter and/or Lister in accordance with its normal payment policy. For all Renter-cancelled bookings, the Lister will be entitled to the Property Fees paid to Sloscout as provided in this Section 9(f)(i) less the Service Fees payable to Sloscout provided. Failure of a Renter to comply with the cancellation provisions of this Section 9(f) shall result in the Renter forfeiting his or her or its right to any refund and the Renter shall instead be liable for the full Total Fees.ii. Cancellations by ListersThe cancellation of a confirmed booking by a Lister requires intensive logistical support and can impact the high standard of service by which Sloscout’s marketplace operates. As such, in the event of any cancellation of a confirmed booking by a Lister, Sloscout reserves the right to impose penalties on the Lister’s account including publishing an automated review indicating a cancelled booking, and suspending or terminating the Lister’s account. A cancellation of a confirmed booking by a Lister must be made with at least 7 calendar days’ notice. Failure to comply with the preceding sentence will result in Sloscout charging the Lister the applicable Service Fee and Processing Fee. In addition, if any Lister cancels more than one confirmed booking, Sloscout may, in its sole discretion, withhold future payouts to a Lister to make up for any losses incurred as a result of Lister’s initial cancellation. These losses may include but are not limited to, the additional costs required to complete a new Booking for a Renter that has been displaced by a Lister’s cancellation.iii. Cancellations by SloscoutIn certain circumstances, Sloscout may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking or to issue a refund to a Renter for part or all of the amounts charged to the Renter. This may be for extenuating circumstances, an emergency, or for any other reason. You hereby agree that Sloscout and the relevant Renter or Lister will not have any liability for any such cancellation or refund made by Sloscout.G. Fraud and Fraud PreventionSloscout has fraud detection and prevention processes in place to protect and educate Listers against potential fraudulent behavior by Renters on the platform. Sloscout’s team can be reached at any time by use of the contact page if the Lister desires a manual check on a Renter’s behavior and/or identity.Despite Sloscout’s efforts to detect and prevent fraudulent behavior, the Lister ultimately has the responsibility to verify the identity of Renters that book the Lister’s property. If a Lister confirms a booking and is paid out Property Fees from a fraudulent Renter, Sloscout reserves the right to collect the applicable Property Fees from the Lister once payout has been issued. If Lister refuses to return the applicable Property Fees to Sloscout, Sloscout may pursue legal avenues to retrieve them; Lister shall also reimburse Sloscout for all costs incurred in collecting the applicable Property Fees, including, without limitation, court costs and attorneys’ fees. In addition, Sloscout may, in its sole discretion, withhold future payouts to a Lister to make up for any losses incurred as a result of Lister’s initial cancellation.Additionally, Sloscout maintains the right to withhold Lister’s payout related to potentially fraudulent Renter bookings for a period of 140 days after payment is made on the platform in order to prevent the possibility of Renter-related chargebacks.
Tax regulations may require us to collect appropriate tax information from our Listers, or to withhold taxes from payouts to Listers, or both. For instance, regulations stipulate that we must collect an TAX Form W-9 from certain US Listers, and an appropriate TAX Form W-8 (e.g. Form W-8BEN) from non-US listers with at least one Listing in the US. You as a Lister are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Lister fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Lister and you fail to provide us with a completed TAX Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.You as a Lister understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Sloscout cannot and does not offer Tax-related advice to any Members.You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Property is located may require Taxes to be collected from Renters or Listers on the amount paid for the right to use and/or occupancy of properties, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary.
11. Renting a Property on Sloscout
As a Renter, you are responsible for acquiring all the necessary permits from all relevant bodies (including but not limited to filming permits, parking permits etc.) and insurance policies as well as release forms and other documents relevant to the filming process to be performed at the Property during the Booking Period. Sloscout can not be held liable for Renter not acquiring all the necessary permits and other documents relevant to the filming process to be performed at the Property during the Booking Period.
12. Damage to PropertiesAs a Renter, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property. In the event that a Lister claims otherwise and provides evidence of damage ("Damage Claim"), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.Listers may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Property. Sloscout will use commercially reasonable efforts to address Listers' requests and claims related to Security Deposits, but Sloscout is not responsible for administering or accepting any Damage Claims by Listers related to Security Deposits, and disclaims any and all liability in this regard.If a Lister makes a Damage Claim for a confirmed booking of a Property, you as a Renter will be notified of any Damage Claim and given forty eight (48) hours to respond. Thereafter, Braintree will collect any such costs from you and/or against the Security Deposit. Sloscout/Braintree also reserves the right to otherwise collect payment from you and pursue any avenues available to Sloscout in this regard in situations in which you have been determined, in Sloscout's sole discretion, to have damaged any Property, including, but not limited to, in relation to any payment requests made by Listers under the Sloscout Host Insurance, and in relation to any payments made by Sloscout to Listers.Both Renters and Listers agree to cooperate with and assist Sloscout in good faith, and to provide Sloscout with such information and take such actions as may be reasonably requested by Sloscout, in connection with any Damage Claims or other complaints or claims made by Members relating to Properties or any personal or other property located at a Property (including, without limitation, payment requests made under the Sloscout Host Insurance) or with respect to any investigation undertaken by Sloscout or a representative of Sloscout regarding use or abuse of the Site or the Services. If you are a Renter, upon Sloscout's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Lister, at no cost to you, which process will be conducted by Sloscout or a third party selected by Sloscout or its insurer, with respect to losses for which the Lister is requesting payment from Sloscout under the Sloscout Host Insurance.If you are a Renter, you understand and agree that Sloscout may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Property or any personal or other property located at a Property (including without limitation amounts paid by Sloscout under the Sloscout Host Insurance). You agree to cooperate with and assist Sloscout in good faith, and to provide Sloscout with such information as may be reasonably requested by Sloscout, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Sloscout may reasonably request to assist Sloscout in accomplishing the foregoing Security Deposits, if required by a Lister, may be applied to any fees due from a Renter overstaying at a Listing without the Lister's consent.
A. Sloscout requires that Lister and/or the Renter obtain insurance or review their existing policies and make sure their insurance covers any loss that may arise out of the use of that particular Property by the Renter, its guests, invitees, vendors, clients, customers or licensees, including policies covering property damage, casualty, personal injury, fire, and general liability (“Sufficient Insurance”). Sloscout disclaims any and all liability for Lister or Renter’s failure to be covered by Sufficient Insurance. To the extent Lister has not obtained and does not have Sufficient Insurance, it shall require Renter to purchase such Sufficient Insurance prior to the booking start date. Sloscout shall have no liability for the Parties’ failure to contract a Sufficient Insurance.B. Subject to the conditions below, Sloscout maintains an insurance policy providing limited supplemental liability insurance for the protection of Lister (the “Sloscout Host Insurance”). Sloscout’s provision of Sloscout Host Insurance does not eliminate the Lister or Renter’s obligation to have Sufficient Insurance as provided in section 13(a) of the Terms of Service. The Sloscout Host Insurance shall be:1. available only to Lister who have fully and timely complied with the Terms of Service,2. supplemental to the Lister’s Sufficient Insurance as required in section 13(a) of the Terms of Service,3. subject to and limited by the Lister Insurance Policy’s terms, conditions, and exclusions,4. subject to amendment, modification, or termination by Sloscout at any time in its sole discretion without notice to any Lister,5. made available upon request by contacting the Sloscout support team at support@Sloscout.com.
14. Overstaying without the Lister's Consent
Renters agree that a confirmed booking is merely a license granted by the Lister to the Renter to enter and use the Listing for the limited duration of the confirmed booking and in accordance with the Renter's agreement with the Lister. Renters are allowed to be present in the Property only within the designated hours that the Lister specifies in the Listing or such other time as mutually agreed upon between the Lister and Renter and further agree to leave the Property no later than the checkout time that the Lister specifies in the Listing or such other time as mutually agreed upon between the Lister and Renter. If a Renter stays past the agreed upon designated hours or checkout time without the Lister's consent, they no longer have a license to stay in the Listing and the Lister is entitled to make the Renter leave. In addition, Renters agree that the Lister can charge the Renter for periods that the Renter stays over the agreed designated hours or period without the Lister's consent an additional fee of 1.5 times the average hourly Property Fee originally paid by the Renter to cover the inconvenience suffered by the Lister, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Lister to make the Renter leave (collectively, "Additional Sums"). The Additional Sums will be charged in half hour increments.
15. User Conduct
17. Intellectual Property
Ownership and Rights NoticesThe Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the Slovenia and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Sloscout and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Sloscout used on or in connection with the Site, Services, and Sloscout Content are trademarks or registered trademarks of Sloscout in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Services, and Sloscout Content are used for identification purposes only and may be the property of their respective owners. As a Lister, Renter, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Services and Collective Content.
18. Sloscout Content and Member Content License
Subject to your compliance with these Terms, Sloscout grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Sloscout Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sloscout or its licensors, except for the licenses and rights expressly granted in these Terms.
19. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Services, or through Sloscout promotional campaigns, you hereby grant to Sloscout a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Sloscout does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Services or through Sloscout promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Services or through Sloscout promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Sloscout the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Sloscout's use of the Member Content (or any portion thereof) on, through or by means of the Site, the Services or Sloscout promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Policy Sloscout respects copyright law and expects its users to do the same. It is Sloscout's policy to terminate in appropriate circumstances the Sloscout Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Sloscout's Copyright Policy for further information.
22. Term and Termination, Suspension and Other Measures
A. TermThis Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Sloscout terminate the Agreement as described below.B. Termination for convenience You may terminate this Agreement at any time by sending us an email. If you cancel your Sloscout Account as a Lister, any confirmed bookings will be automatically canceled and your Renters will receive a full refund. If you cancel your Sloscout Account as a Renter, any confirmed booking will be automatically canceled and any refund will depend upon the terms of the applicable cancellation policy.Without limiting our rights specified below, Sloscout may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.C. Termination for breach, suspension and other measuresSloscout may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Sloscout Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Sloscout believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Sloscout or third parties, for fraud prevention, risk assessment, security or investigation purposes.In addition Sloscout may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Sloscout Account and the Site or Services, temporarily or permanently revoke any special status associated with your Sloscout Account, or temporarily or permanently suspend your Sloscout Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Listers or Renters, or (ii) Sloscout believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Sloscout or third parties, for fraud prevention, risk assessment, security or investigation purposes.In case of non-material breaches and where appropriate, you will be given notice of any measure by Sloscout and an opportunity to resolve the issue to Sloscout's reasonable satisfaction.D. ConsequencesIf we take any of the measures described above we may (i) communicate to your Renters or Listers that a pending or confirmed booking has been canceled, (ii) refund your Renters in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (iii) support your Renters, on an exceptional basis, in finding potential alternative Properties, and (iv) you will not be entitled to any compensation for confirmed bookings that were canceled.If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Sloscout Account or any of your Member Content. If your access to or use of the Site and Services has been limited or your Sloscout Account has been suspended or this Agreement has been terminated by us, you may not register a new Sloscout Account or attempt to access and use the Site and Services through other Sloscout Accounts.E. SurvivalIf you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SLOSCOUT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND LISTERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SLOSCOUT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SLOSCOUT MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE