Terms of Service

This site and the mobile applications and services available in connection with this site and mobile application (the "App") are made available to you by Scribble LLC. ("Scribble", "We") subject to these Terms of Service, including those set forth in the Privacy Policy (the “Terms”). By accessing, using or downloading any materials from the App, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at Terms of Use. We and our third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this App at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this App. The App is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this App. BY CONTINUING TO USE THE APP, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any portion thereof.

Registration

To use some services available on the App, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the App’s registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that we may use your User Data to provide services on the App for which you have expressed interest. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the App. In consideration of your use of the App, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

Payments

If you choose to buy a subscription, you must designate and provide information about your preferred payment method (e.g. in-app purchase using your iTunes account, credit card, online payment service, or any other payment method made available by us) (“Payment Method”). You agree to pay all fees incurred in connection with your account.

Fees and Renewals

You may elect buy a subscription and pay subscription fees on a monthly basis. All subscription fees are payable in advance. Subscription fees will be billed automatically your iTunes Account or Stripe 24 hours before the end of each period and will auto-renew until your subscription is terminated. The renewal subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize us to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the App. We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this App. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition.

Cancellation

If you subscribed through In App Purchase, you may cancel your subscription by visiting the subscription management options within iOS. If your subscription is billed through Stripe you may cancel by contacting help@scribbletogether.com. The cancellation of a subscription will go into effect at the end of your current billing cycle, and you will have the same level of access to the App through the remainder of such billing cycle. When your subscription ends, your account will enter free mode. No refunds or credits will be provided by us upon cancellation. You can renew your subscription at anytime without opening a new account, provided that additional fees may apply if you decide to purchase a subscription at a later date.

User Conduct

You are solely responsible for restricting access to your device while logged into the App and for restricting access to the email used to access your account. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the App or its contents. You agree to immediately notify us of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to us.

You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, available in connection with the App are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the App. We do not control or monitor the Content posted to the App by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the App, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the App.

You agree to not use the App to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Scribble official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the App or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the App.

You acknowledge that we may or may not pre-screen or monitor Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the App. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the App, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that we may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of us, its users and the public. Subject to the foregoing, we will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.

The App is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the App, use of the App or access to the App.

You understand that use of certain features of the App may require you to purchase third party equipment or materials. While we may recommend the equipment or materials of certain third party suppliers, we shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the App or will be error-free.

Content Submitted to the App

The App may provide users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, drawings, documents, videos, audio clips, written comments, data, text, photographs, graphics, or other information to the Service (collectively, the "User Submissions"). You retain ownership of all your rights in and to your User Submissions, including any and all intellectual property rights in your User Submissions, and uploading User Submissions to the Service do not transfer any ownership rights. However, by Submitting User Submissions through the Service, you are granting the Company and its subsidiaries, affiliates, successors and assigns, a worldwide, non-exclusive, perpetual, fully paid, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, reproduce, distribute, publish, transmit, prepare derivative works of, publicly display and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, prepare derivative works of, distribute, display and perform such User Submissions solely for personal, non-commercial use, as permitted through the functionality of the Service and under these Terms of Use.

You represent and warrant, and can demonstrate to Company’s full satisfaction upon request, that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service.

You represent and warrant that the use or other exploitation of such User Submissions by Scribble and use or other exploitation by users of the App and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

The above licenses granted by you in User Submissions you create or submit to the Service terminate within a commercially reasonable time after you delete your User Submission from the Service, unless your User Submission has been shared with others, and they have not deleted it. When you remove or delete User Submissions from the Service, you understand and agree, however, that Scribble may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.

Proprietary Rights

You acknowledge and agree that the App, any necessary software used in connection with the App (if any) and any Content available on the App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or Content available on the App (other than Content that you may submit), in whole or in part.

We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App.

The term Scribble, the Scribble logo and other Scribble LLC logos and product and service names are the exclusive trademarks of, and are owned by, Scribble LLC, and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the App are the property of their respective owners.

We reserve all rights not expressly granted hereunder.

Disclaimer of Warranties and Liability

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL SCRIBBLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO [DEVELOPER NAME]. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Termination

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the App (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the App. Termination of your account may include (x) removal of access to all offerings within the App, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the App. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the App.

APPLICABLE LAWS

This App is controlled by Scribble from its offices within the United States of America. We make no representation that the Content in the App or the App are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this App from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the App, the Content or the Terms shall be governed by California law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Santa Clara County, California for any legal proceedings related to the App or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 9, 11, 12, 13, 15 and 16 shall survive termination of your account and/or the Terms.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and Scribble as a result of the Terms or your use of the App. The Terms constitute the entire agreement between you and Scribble with respect to your use of the App. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the App. Our notice to you via email, regular mail or notices or links on the App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

We will provide support to you related to the App via the following methods:

• Website https://scribbletogether.com
• Email help@scribbletogether.com

Scribble strives to respond to support requests within 48 hours after the request is placed.

If you have any questions regarding these Terms, please contact us by email at help@scribbletogether.com.