Terms of Service
ScratchNScribble TERMS OF SERVICE
Last modified: July 16, 2018.
Accepting the Terms
ScratchNScribble reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.
Rights to Use the Service
Subject to your compliance with these Terms, ScratchNScribble grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.
You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, 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 ScratchNScribble or its licensors, except for the permissions and rights expressly granted in these Terms.
If you violate these Terms, ScratchNScribble reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that ScratchNScribble need not provide you notice before terminating or suspending your account(s), but it may do so.
ScratchNScribble reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for “User Content” (as defined below), collectively referred to as the “Service Materials”, are, as between ScratchNScribble and you, owned by ScratchNScribble and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
You acknowledge and agree that the Service Materials are protected by law from unauthorized use under the United States copyright laws and/or similar laws of other jurisdictions.
You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without ScratchNScribble’s express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from ScratchNScribble. Any reproduction or redistribution of Service Materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by ScratchNScribble, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by ScratchNScribble and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you or other users (hereinafter “User Content”) are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by ScratchNScribble. All User Content is the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and ScratchNScribble is not responsible for any files users upload, post, or otherwise make available. ScratchNScribble may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the ScratchNScribble application. By using ScratchNScribble you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that ScratchNScribble will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
User Content is not confidential and will not be returned to the user.
You represent and warrant that User Content you transmit or submit is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without ScratchNScribble incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
You hereby grant to ScratchNScribble a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit User Content you transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in User Content.
ScratchNScribble reserves the right to remove and permanently delete any User Content from the Service with or without notice for any reason or no reason. You may notify ScratchNScribble of any User Content that you believe violates these Terms, or other inappropriate user behavior, by emailing firstname.lastname@example.org .
The Service may include an opportunity to purchase virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in ScratchNScribble's sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.
ScratchNScribble retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. ScratchNScribble shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by ScratchNScribble. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.
Rules of Conduct/Usage
The Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. ScratchNScribble has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials (including without limitation User Content), at any time, with or without notice for any reason, at its sole discretion. ScratchNScribble may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any User Content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by ScratchNScribble. ScratchNScribble will not under any circumstances by liable for any activity within Communication Channels.
You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. ScratchNScribble is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. In addition, you agree to abide by our Acceptable Use Policy at http://www.ScratchNScribble.com/aup .
In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
* - post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable
* - defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable
* - upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers
* - violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
* - attempt to obtain passwords or other private information from other members
* - improperly use support channels or complaint buttons to make false reports to ScratchNScribble
* - develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements
* - exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage
* - violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service
These rules of use are not meant to be exhaustive, and ScratchNScribble reserves the right to determine what conduct it considers to be a violation of the Terms or improper use of the Service and to take action up to and including termination of your account and exclusion from further participation in the Service.
You may terminate your account at any time and for any reason by sending an email to contact@ScratchNScribble.com .
ScratchNScribble may terminate your account and your access to the Service (or, at ScratchNScribble’s sole option, applicable portions of the Service) at any time and for any reason. ScratchNScribble is not required to provide you with any notice or warning prior to any such termination.
You may, as the result of termination, lose your account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable and ScratchNScribble is under no obligation to compensate you for any such loss.
Disclaimer of Warranty; Limitation of Liability
You agree that your use of the Service shall be at your sole risk and without warranty of any kind.
To the fullest extent permitted by law, ScratchNScribble, its affiliates, subsidiaries and related entities, and each of their officers, directors, employees, agents, suppliers and licensors (collectively, the “ScratchNScribble Entities”) disclaim all warranties, express or implied, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. The ScratchNScribble Entities make no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
In no event will the ScratchNScribble Entities, be liable to you or to any third person for any damages whatsoever, whether direct, indirect, incidental, special, punitive or otherwise, including any lost profits or lost data, arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the ScratchNScribble Entities have been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the ScratchNScribble Entities shall not be liable for User Content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Your sole remedy for dissatisfaction with the Service is to stop using the Service.
You agree to indemnify and hold the ScratchNScribble Entities, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any Third Party Agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, “you” shall include anyone accessing the Service using your password.
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. ScratchNScribble hereby disclaims any and all liability to you or any third party relating to your use of the Service. ScratchNScribble reserves the right, but has no obligation, to manage disputes between you and other users of the Service.
Links to Third Party Websites
The Service may contain links to third-party websites or resources. You acknowledge and agree that ScratchNScribble is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ScratchNScribble of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and ScratchNScribble. Any claim or dispute between you and ScratchNScribble that arises in whole or in part from these Terms or your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Santa Clara County, California.
You acknowledge that the rights granted and obligations made to ScratchNScribble under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to ScratchNScribble for which remedies at law are inadequate. ScratchNScribble shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
These Terms constitute the entire agreement between you and ScratchNScribble with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by ScratchNScribble. The failure of ScratchNScribble to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms may not be assigned by you without ScratchNScribble’s prior written consent, but are freely assignable by ScratchNScribble. The section headings used herein are for convenience only and shall not be given any legal import. Upon ScratchNScribble’s request, you will furnish ScratchNScribble with any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against ScratchNScribble by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.
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