Site Terms of Use

In using this website You are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” refers to you, the person accessing this website or other Scribliotech websites, and accepting the Scribliotech’s terms and conditions. “Scribliotech”, “We”, and “Us” refer to Scribliotech, Inc., a Delaware corporation.

Privacy Statement

We are committed to protecting Your privacy. Our Privacy Policy is documented separately and also explains our confidentiality obligations.

Under no circumstances will we sell, share, or rent Your personal information to any third party. Any emails sent by Scribliotech will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Scribliotech:

• excludes all representations and warranties of any kind, express or implied, relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Scribliotech’s literature; and
• excludes all representations and warranties relating to content provided for sale on this website by users of this web site, explicitly including availability to download for more than twenty four (24) hours following a purchase; and
• excludes all liability for damages arising out of or in connection with Your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of activity or You have advised Scribliotech of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Payment & Refunds

Payments are due through our online payment system or that of a third party we accept, such as PayPal, before any content, goods, or services will be made available. We reserve the right to permit or deny access to digital content before a payment has fully processed to any user at any time at our exclusive discretion.

We may refer to account “credits” in our communications or on this web site. Unless expressly stated otherwise, these are non-refundable and non-transferable. In cases where they are refundable or transferable, any credits referred to as “locked credits” remain non-refundable. Locked credits may be transferable, if so stated.

For purchased content, whether paid directly, through a third party, or via credits, we will accept returns on a limited basis within twenty-four hours of the purchase, provided the return request is made through the official return form on this web site. We reserve the right to reject any return or refund request if, in our exclusive discretion, You are abusing our policy. One example of such abuse would be returning greater than ten percent (10%) of purchases. Any accepted returns will be refunded to the source of payment for the returned item.

You agree to destroy or delete any copies of digitally downloaded items You have returned upon our issuing You a refund for the return.

Use of Your Account

You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Scribliotech does offer content intended for children, but all purchases must be made or approved by an adult, or parent or guardian for anyone under age eighteen (18). If You are under eighteen (18), You may only make purchases or download content with the involvement of a parent or guardian.

You may not open multiple accounts. You may not use a false email address.

Content Licenses

Subject to Your compliance with these Terms and Conditions, and Your payment of any applicable fees, Scribliotech and/or its content providers grant You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the content You download or purchase from this web site. This license does not permit: any resale or commercial use of the content; any collection or use of any product listings, descriptions, or prices; any derivative use of any content; or any use of data mining, robots, or similar data gathering and extraction tools; or any use of any aspect of this web site or its content for the commercial benefit of a third party. All rights not expressly granted to You in these Terms and Conditions remain the rights of Scribliotech or its licensors, suppliers, or other content providers. No part of any content found or downloaded from this web site, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without Scribliotech’s express written consent. You may not frame or use other techniques to enclose any Scribliotech trademark, logo, meta tags, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use this web site or other Scribliotech services other than as intended or as permitted by law. The licenses granted hereunder terminate if You do not comply with these Terms and Conditions.

Author Terms

To publish or distribute content through Scribl.com, You must agree to the content posting agreement for each such title.

Posting Reviews

You may post reviews, comments, upload content, send gift notices, post feedback on user pages, and submit suggestions, ideas, comments, questions, or other information, provided however that none of the preceding long is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning (unless posted as a direct response to political content offered for download or sale, which case such response may not exceed the scope of the original content to which the response is being made), commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

Except as noted otherwise (e.g., You retain substantially more rights for content uploaded for sale or download through an author account, as defined in each author content posting agreement), if You do post such comments or material on this web site, You grant Scribliotech a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Scribliotech and its sublicensees the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Scribliotech for all claims resulting from content You supply. Scribliotech has the right, but not the obligation, to monitor and edit or remove any activity or content. Scribliotech takes no responsibility and assumes no liability for any content posted by You or any third party.

Third Party Web Sites and Opinions

We do not monitor or review the content available on this website, except that posted by Scribliotech. Opinions expressed are not necessarily shared or endorsed by Us and should not be regarded as the opinions of Scribliotech or any of its employees, officers, directors, or agents. There may be links to other third-party sites on this web site. We are not responsible for the privacy practices or content of these sites. We encourage You to be aware when You leave our site to read the privacy statements of these other sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Scribliotech will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure to third parties of personal information.

Copyright & Trademark

Unless otherwise credited, all content included in or made available through this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Scribliotech or one of the content providers and is protected by United States and international copyright laws.

Scribl.com, Scribliotech, Crowd-Pricing, Price-Based Ratings, the Scribl.com logo, and the $CP logo are trademarks of Scribliotech. The page headers, button icons, scripts are trade dress of Scribliotech. Scribliotech’s trademarks and trade dress may not be used in connection with any product or service that is not Scribliotech’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Scribliotech. All other trademarks not owned by Scribliotech that appear on this web site are the property of their respective owners, who may or may not be affiliated with Scribliotech.

Warranty & Indemnification

To the fullest extent permissible under applicable law, Scribliotech disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Scribliotech does not warrant that the services, information, content, materials, products (including software) or other services included on or otherwise made available to You through this web site or electronic communications sent from Scribliotech are free of viruses or other harmful components. Scribliotech will not be liable for any damages of any kind arising from the use of any its services or web sites, or from any information, content, materials, products (including software) or other services included on or otherwise made available to You through any Scribliotech service or web site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You might have additional rights.

By using this service, You agree to indemnify Scribliotech, its employees, officers, directors, shareholders, and agents and affiliates against any loss or damage, in whatever manner, resulting from Your actions or content You have posted on this web site.

Communication

We have different email addresses and web forms for different queries. This contact information can be found on our Contact Us link on this web site or in the appropriate place (e.g., return contact information is available through the return form from within the purchases list in Your account).

Waiver

No failure or delay on the part of Scribliotech in exercising any right hereunder shall operate as a waiver of, or impair, any such right. No single or partial exercise of any such right by Scribliotech shall preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right by Scribliotech shall be deemed a waiver of any other right hereunder.

Governing Law

This Agreement shall be governed by, interpreted in accordance with, and enforced under the laws of the State of New York, U.S.A. (regardless of its or any other jurisdiction’s choice of law principles).

Disputes

Any dispute or claim relating in any way to Your use of this web site or any Scribliotech service will be resolved by binding arbitration, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Notification of Changes

Scribliotech reserves the right to change these terms from time to time in its exclusive discretion and Your continued use of this web site will signify Your acceptance of any adjustment to these terms. You agree to re-read these terms on a regular basis to assure Your agreement with then current terms. If there are any changes to our privacy policy, such changes will be made in accordance with the Privacy Policy.

These terms and conditions form part of the Agreement between the You and Scribliotech. Your accessing this website or making a purchase through this site indicates Your agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein.