Terms of Use

Effective: May 01, 2019

IMPORTANT! PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY (COLLECTIVELY, THE “TERMS”) CAREFULLY. THESE TERMS CREATE A LEGALLY BINDING AGREEMENT AND GOVERN YOUR USE OF THE SKRATCH APP (“SKRATCH”) MOBILE APP, WEBSITE, PRODUCTS AND SERVICES (COLLECTIVELY, THE “SERVICES”).

USE OF THE SERVICES IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS. BY PRESSING THE “SIGN UP” BUTTON OR PERMITTING A PERSON TO PRESS “SIGN UP” ON YOUR BEHALF, AND/OR BY ACCESSING AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THE TERMS, YOU SHOULD NOT CLICK “CREATE ACCOUNT” AND PROMPTLY REFRAIN FROM ANY FURTHER USE OF THE APP OR SERVICES.

1. Use of Skratch

Eligibility

You may use our Services only if you can form a binding contract with Skratch and are not legally prohibited from using these Services. No individual under the age of thirteen (13) may use or access the Services. When you create an account, you must provide Skratch with accurate and complete information. We are not liable for any damages that may result from a user’s misrepresentation of age.

Service Changes

Skratch is a constantly evolving app, and we work hard to make sure the experience is as relevant and intuitive as possible for our users. With new features launching all the time, we need flexibility to make changes, impose limits and occasionally suspend or terminate certain functionality at anytime.

We aim to update our users on any major Service changes, but in general, we will only exercise this power with good reason, as outlined in these Terms of Use, and our Privacy Policy and our Community Guidelines under section 2 of the Terms of Use.

Our license to you

Skratch grants you a personal, worldwide, non-exclusive, non-transferable, and revocable license to use our Services, in accordance with these Terms and our Policies.

Commercial Use

Brands and companies may use Skratch at their own discretion but at this point, we do not explicitly provide for these types of users on our Services. However, optimising Skratch for commercial use is definitely on our roadmap for the near future so we’ll keep you posted.

Skratch API

If you are granted access to the Skratch API as part of the Services, then Skratch grants you a personal, non-exclusive, non-transferable license to use the API solely for non-commercial purposes in accordance with these Terms.

2. User Content and Conduct

Ownership

Any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Skratch, is referred to as “User Content”. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. We may, but are not required to monitor or control the User Content posted via Skratch and we cannot take responsibility for such User Content. Any use or reliance on any User Content or materials posted via Skratch or obtained by you through Skratch is at your own risk

We do not endorse, represent or guarantee the completeness, truthfulness or reliability of any UserContent posted via Skratch or endorse any opinions expressed via Skratch

Licence to your content:

Even though we don’t claim ownership of your User Content, we do need certain licenses to be able to operate the Services effectively. When you post User Content, you grant Skratch and its users a worldwide, non-exclusive, royalty-free, sub licensable, transferable license to use, publish, store, perform, display, reproduce, modify, distribute and create derivative works of your User Content for the limited purpose of providing and developing the Skratch Services.

You agree that this license includes the right for Skratch to provide, promote, and improve Skratch and to make User Content submitted to or through Skratch available to other companies, organizations or individuals who partner with Skratch for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use, and with no compensation to you.

Nothing in these Terms shall restrict other legal rights Skratch may have to User Content and we reserve the right to remove or modify User Content for any reason.

Termination of License

Upon termination or deactivation of your account, or if you remove any User Content from Skratch, we shall make reasonable efforts to make such content inaccessible and cease use of it.

However, you acknowledge that Skratch may retain copies of your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Skratch and its users may retain and continue to use, publish, store, perform, display, reproduce, modify, distribute and create derivative works of any of your User Content that has been shared and made publicly available on the accounts of other users.

Feedback

We’re constantly trying to improve the Skratch experience and we value your ideas and suggestions greatly. If you choose to submit ideas, comments or feedback to us, you agree that we are free to use them without any restriction or compensation to you.

Community Guidelines

As a Skratch user, you agree that you won’t stream User Content or otherwise use your Account in ways that violate Skratch’s Community Guidelines.

You agree not to stream or publish content that is:

  • Discriminatory, obscene, pornographic, overtly sexual, defamatory
  • Liable to incite racial hatred, in breach of confidentiality or privacy
  • Explicit graphic content such as child abuse, animal abuse, self-abuse or bodily harm to others
  • Aimed to encourage dangerous, violent or illegal activities
  • May cause annoyance or inconvenience to others
  • Considered spam, malware, spoofing or phishing or that may result in a user not being able to log into their account or have their account locked or compromised
  • Encourages or constitutes conduct that would be deemed a criminal offense
  • Gives rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Services are being used
  • Content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data

As Skratch is a private network you agree not to publish or forward a user’s private and confidential information without the user’s explicit permission or consent. This includes:

  • Cell Number, Home Phone Number, Non-public phone numbers
  • Credit and Debit Card Information or any information relating to a person’s credit details
  • Social security, passport, driving licence or other national identity numbers
  • Private addresses of individuals, family members or places deemed private
  • Private or intimate videos including photos considered private

Skratch is a private network for generating and collecting original content.

By downloading the App to use Skratch users agree to respect the intellectual property rights of others and only generate original content or content that has not been copied without the user’s permission and does not constitute copyright infringement.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person in breach of this section.

We reserve the right to remove content that infringes copyright without prior notification and at our sole discretion if we deem the content to breech copyright infringement or are made aware of such copyright infringement.

3. Copyright Policy

Skratch has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) (http://www.copyright.gov/legislation/dmca.pdf).

Skratch respects the intellectual property rights of others and asks its users to do the same. Those who are repeatedly charged with infringing these rights, will have their accounts terminated at the complete discretion of Skratch, and without liability to the user.

The process below is intended to be consistent with the DMCA, and does not constitute legal advice.Skratch recommends you consult an attorney regarding any copyright or other legal issues.

Copyright Notification:

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit an email providing the following information to the Designated Agent at hello@skratch.world

  • Identification of the content being infringed.
  • Identification of the content that is claimed to be infringing.
  • Contact information for the notifying party (“Notifying Party”), including name, address, email address and phone number.
  • A statement that the Notifying Party has good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent or the law (e.g. as a fair use). (Please note that you may be liable for damages, costs and attorney’s fees if you materially misrepresent that material is infringing).
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has allegedly been infringed.
  • Acknowledgement that a copy of the notice, including contact information, may be forwarded to a user associated with the accused content.
  • A physical or electronic signature of the Notifying Party.

4. Registration, Security and Privacy

Account Security

Your account information is verified by your mobile number. To prevent unauthorized access to your account, we recommend you limit access to your mobile phone (this includes password protecting your phone, locking your SIM and restricting the number of people who can use your mobile phone).

We implement commercially suitable administrative, technical and physical security measures to protect the security of your information both online and offline. Whilst we take precautions against possible security breaches, we cannot guarantee unauthorized access, hacking, data loss or other breaches will never occur.

Privacy

Any information that you provide to Skratch is subject to our Privacy Policy, which governs the collection and use of your information. You understand that through your use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information. You are responsible for safeguarding the credentials you use to access Skratch and for any activities or actions under your account.

Third Party Services

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. If you access any third-party content from Skratch, you do so at your own risk and you agree that Skratch will have no liability from your use or access to any third-party content.

5. Indemnification

You agree to indemnify and hold Skratch and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any and all claims, damages, liabilities demands, losses and expenses (including legal fees) arising out of your content, your use of the Services, your violation of these Terms, or your violation of any rights of another party.

6. Warranty Disclaimers

Your access to and use of the Services or any User Content is at your own risk. The Skratch services and all included content are provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied.

Without limiting the foregoing, to the maximum extent permitted by applicable law, SKRATCH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Skratch also makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or User Content; (ii) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (iii) any harm to your computer system, loss of data or other harm that results from your access to or use of the Services or any User Content; and (iv) the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Services.

No advice or information, whether oral or written, obtained from Skratch or through the Services, will create any warranty not expressly made herein.

All information on Skratch is of a general nature and is furnished for you knowledge and understanding, and as an informational resource only.

7. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKRATCHAPP Ltd, OR ITS DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, PARTNERS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY LOSS OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP (“Skratch”) OR APP WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP (“Skratch”) OR APP WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APP (”Skratch”) OR APP WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

8. Governing Law and Dispute Resolution

Informal Resolution

For any dispute you have with Skratch, you agree first to contact us and attempt to resolve the dispute informally with us. Accordingly, neither of us may start a formal proceeding for at least 60 days after one of us notifies the other of any legal or equitable claim in writing.

Governing Law and Jurisdiction

These Terms are governed in all respects by the substantive laws of the State of California without regard to or application of its conflict of law provisions.

9. Ending These Terms

These terms will continue to apply until terminated by either you or Skratch as follows.

You may end your legal agreement with Skratch at any time for any reason by deactivating your accounts and discontinuing your use of the Services.

Skratch may suspend or terminate your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to, if we reasonably believe: (i) you have violated these Terms or the Community Guidelines, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable.

In all such cases, these Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 6, 7, 8, 9, and 10.

10. General Terms

Entire Agreement

These Terms, together with our Community Guidelines and Privacy Policy form the entire and exclusive agreement between Skratch and you regarding the Services (excluding any services for which you have a separate agreement with Skratch that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior or contemporaneous agreements, written or oral, regarding the subject matter hereof.

Waiver and Severability

Skratch’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the circumstance that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, and any purported assignment shall be null and void, but may be assigned or delegated by Skratch, in whole or in part, without restriction.

Modifications Policy

We may revise these Terms from time to time and the most current version will always be posted on our website. If the revision, in our sole discretion, would adversely affect you we will try to give you notice where practical. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.