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Terms of service

LAST UPDATED: 12/17/21

 Terms of Use

Please read these Terms of Use (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your agreement to this Agreement.

 This Agreement is between you and The Scribble Society LLC (“Scribble,” “we,” “us”) concerning your use of the website currently located at thescribblesociety.com (together with any successor site(s) and all services available through those sites, the “Site”).

  1. Acceptance of Terms. We make this Site available subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. You are subject to any additional posted guidelines, rules, terms, and conditions applicable to particular services that may be available at the Site, which are hereby incorporated by reference into this Agreement, including our Shipping and Return policy

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, in whole or in part, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes. 

  1. Jurisdictional Issues. The Site is controlled and operated by Scribble from the United States and isn’t intended to subject Scribble to the laws or jurisdiction of any state, country, or territory other than that of the United States. Scribble doesn’t represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Not all products or services described on the Site are available in all states or territories.
  1. Descriptions of Our Products. Although we take care to make sure the Site accurately describes and depicts our products, there may be differences between the image of a product on the Site and the actual product due to variations inherent in materials, image quality, limits of resolution or color reproduction on your device or other reasons. Accordingly, if you have any questions about a product, please contact us at hello@thescribblesociety.com before you order.
  1. Product Availability. We offer all products displayed on the Site subject to availability. We cannot guaranty that any product is or will be available at any particular time. We may change the products we sell at any time without notice. We provide details on the availability of products when you place your order, but errors are possible, for example when two customers order the same product at the same time. If we find that a product is not available after you have placed your order, we will email you to let you know. You may then select another available product or cancel your order.
  1. Prices and Sales Tax. Our prices are shown in US dollars, exclusive of taxes and shipping costs. We may modify our prices at any time without prior notice. You’ll be charged the price displayed when you place your order, provided that we may reject or cancel your order for any reason, including if the item ordered isn’t available, is incorrectly priced or is incorrectly described. We will collect applicable state and local sales taxes on any order to which they apply.
  1. When you’ve finished shopping, a page will be displayed featuring images of the items in your cart, the quantity selected, unit price and the total amount owed for your order. Please check this information carefully to make sure it’s accurate before you confirm the order. You can check and correct any input errors in your order until you submit it to us by clicking the Pay Now button on the checkout page. After you click on the Pay Now button, your order will be submitted for processing, and you may not change or cancel the order. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and providing you with an order number.
  1. Payment is due when you place your order. When you place your order, we will ask you for information relevant to your payment and shipping, including, for example, your name, address, phone number, e-mail address, credit card number, the expiration date of your credit card, PayPal username, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHODS USED IN CONNECTION WITH ANY PAYMENT OR OTHER TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of completing payment initiated by you or on your behalf. All payments for purchases from the Site are subject to validation checks by your card issuer or other payment provider. We also carry out a standard pre-authorization check on your method of payment, and orders will not be processed until this pre-authorization check has been completed. We aren’t responsible if your card issuer or other payment provider declines to authorize payment for any reason. Your order will not be accepted until we have verified your payment method and received authorization to process your payment. Your payment method will be charged when you place your order. We may allow you to store your credit card information or other payment details with us to facilitate future purchases, subject to our Privacy Policy. Your card issuer or other payment provider may charge you a handling or processing fee, which are your responsibility. Each order is expressly conditioned on acceptance of this Agreement. If you engage in fraud, for example, by using fake or stolen credit cards, we may also report you to the appropriate authorities.
  • Third-Party Payment Providers. We may use third-party service providers to enable payment. If you wish to make a payment through the Site, please note that we may use a third-party payment service (the “Payment Service”) to collect payments for such payments. If you wish to make a payment, you may be directed to a web page hosted by Payment Service (or its service providers) and not by us (the “Payment Service Page”). Your use of the Payment Service Page will be subject to the Payment Service’s user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that we aren’t, and won’t be, responsible or liable for the Payment Service’s services, its site or any acts or omissions of the Payment Service. We note that we reserve the right to discontinue or change any third-party payment service used in connection with this Site.
  1. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site. You agree not to:
  • Post, transmit, or otherwise make available, through or in connection with the Site:
    • Any material that would give rise to criminal or civil liability.
    • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment
  • Use the Site for any fraudulent or unlawful purpose.
  • Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
  • Impersonate any person or entity, including any representative of Scribble; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies, or regulations of such networks.
  • Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or from materials originating from the Site.
  • Frame or mirror any part of the Site without our express prior written consent.
  • Create a database by systematically downloading and storing Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, Scribble grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Scribble reserves the right to revoke these exceptions either generally or in specific cases. 

Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

  1. Registration; Usernames and Passwords. You may need to register to use all or part of the Site or to purchase goods. You represent and warrant that all information that you submit in connection with such registration and any purchases is complete and accurate. We may reject, or require that you change, any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not Scribble, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Site account.
  1. The Site may make available certain functionality (including e-mail addresses, Contact page, etc.) through which you can post or send information and materials (each, a “Submission”). For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the Site, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license.
  1. Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (“Input”), whether related to the Site or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and doesn’t place us under any fiduciary or other obligation; (b) any Input isn’t confidential and we have no confidentiality obligations with respect to such Input; and (c) to the extent permitted under applicable law, any Input will become our sole property. Without limiting the foregoing, you hereby grant to us a world-wide, royalty-free, fully paid-up, exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Input, in any format or media now known or hereafter developed, and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Input for any purpose whatsoever without compensation to you or any other person. You are and remain responsible and liable for the content of any Input.
  1. Accuracy of Information. We attempt to ensure that information provided on or in connection with this Site is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or currentness of such information.
  1. We reserve the right (but have no obligation) to do any or all of the following, at our discretion: (a) monitor Submissions; and/or (b) disclose any Submissions or Input, and the circumstances surrounding their transmission, to any third party in order: (i) to operate the Site; (ii) to protect Scribble and its employees, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers (collectively, including Scribble, the “Scribble Entities”), and the Site's users and visitors; (iii) to comply with legal obligations or governmental requests; (iv) to enforce this Agreement; or (v) for any other reason or purpose.
  1. Our Proprietary Rights. The information and materials made available through the Site are and shall remain the property of Scribble and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as we permit you to access and use the Site, you may view one copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as we expressly authorize in advance in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.

Trade names, trademarks and service marks of Scribble include THE SCRIBBLE SOCIETY and any associated logos. All trademarks and service marks on the Site not owned by Scribble are the property of their respective owners. The trade names, trademarks and service marks owned by Scribble, whether registered or unregistered, may not be used in connection with any product or service that isn’t ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our express prior written consent.

  1. The Site may provide links to other web sites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that the Scribble Entities aren’t responsible for the availability of such external sites or resources, and the Scribble Entities neither endorse nor are responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that we don’t endorse such sites and isn’t and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.

  1. Disclaimer of Warranties. THE SITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. THE sCRIBBLE ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. We cannot and do not guarantY that any content of the site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability OF YOUR USE OF THE SITE.
  1. Limitation of Liability. WE WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WE WON’T BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY SCRIBBLE OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, THAT YOU’VE PAID US IN THE YEAR BEFORE YOUR CLAIM ACCRUED. 

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we don’t guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, please contact us at hello@thescribblesociety.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

 Moreover, the Internet or portions thereof may be subject to security breaches and other potentially harmful events. We are not responsible for any damage to any computer, software, hardware, content, data or other equipment or material resulting from any such security breach or harmful event, or from any virus, bug, line failure, defect, delay in operation or transmission, deletion, error, fraud, interruption, omission, tampering, unauthorized intervention, or any other technical or other malfunction.

  1. You agree to defend, indemnify, and hold us harmless, from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site (including all payments); and/or (b) your violation of this Agreement.
  1. This Agreement is effective until terminated. We may, in our sole discretion, terminate your access to or use of the Site, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be affected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we won’t be liable to you or any third party for any termination of your access to the Site or to any such information or files and won’t be required to make such information or files available to you after any such termination. Sections 2, 11 through 22 and 27 shall survive any expiration or termination of this Agreement. 
  1. Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of Ohio, USA without regard to any conflicts of law principles that would result in the application of the law of another jurisdiction.
  1. Any dispute, controversy or claim arising out of or relating to this Agreement, whether sounding in contract, tort, statute or any other legal theory, or the breach, termination or invalidity of this Agreement, shall be finally settled by binding arbitration (“Arbitration”) administered by the American Arbitration Association and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in force before one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be in Hamilton County, Ohio, USA. The Arbitration proceedings shall be confidential and in English. The award rendered by the arbitrator(s) shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. Any Arbitration brought in connection with this Agreement will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No Arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. To the extent allowed under applicable law, you and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
  1. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to hello@thescribblesociety.com . Please note that e-mail communications won’t necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
  1. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by writing to 1311 Vine Street, Cincinnati, OH, 45202 or by calling us at 513.201.8885. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  1. Ability to Enter into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement.
  1. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online. We don’t endorse any of the products or services listed at such site.
  1. This Agreement doesn’t, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Scribble. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and won’t affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Scribble relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements or understandings between you and Scribble relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in our discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Scribble won’t be responsible for failures to fulfill any obligations due to causes beyond its control. 

Unless otherwise noted, this website and its contents © 2022 The Scribble Society, LLC. All rights reserved.