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Terms of Service

INTRODUCTION:

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE (T&C) CAREFULLY. THIS WEBSITE ALONG WITH THE SERVICES OFFERED THEREBY IS SUBJECT TO T&C AND OTHER POLICIES WE MAY REFERENCE HERE FROM TIME TO TIME. ANY ACT OF USING SUCH AS VISITING OR STAYING AT THIS WEBSITE OR USING OR PURCHASING ANY PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF T&C. YOUR FAILURE TO READ T&C WILL IN NO CASE WAIVE YOU FROM ANY LEGAL LIABILITIES OR OBLIGATION ARISNG FROM YOUR USE OF SERVICES AND THIS WEBSITE. IF YOU DO NOT AGREE TO T&C OR ANY OF OUR POLICIES, PLEASE STOP USING THIS WEBSITE AND SERVICES OFFERED HEREBY.

 

DEFINITIONS:

“Company”, “we”, “us” and “our” refer to Scribble.

Services refer to this website including all tools, applications, software and graphics used and information and any products and services provided through this website.

Products: It refers to the products offered for pre order through this Website.

Third Party Provider: It refers to third party service providers of the Company that may be changed by the Company without prior notice to the users.

Information: It refers to all or any of the information relating to you including (a) name, (b) email, (c) address, (d) contact information, (c) credit card information, (d) device information, (e) pre-order details, (f) geographic details, or (g) browsing history.

 

PAYMENT, REFUNDS, PRODUCTS AND DELIVERY:

When you pre-order, your credit card will be charged automatically by our Third Party Provider. All payments will be billed by Third Party Provider.

You are obligated to notify us with reference to any changes you made to your registered Information.

We will use our best efforts to ensure that the Products and Services are developed, manufactured and delivered to you on public delivery dates displayed on Website that may be further extended in our sole discretion.

The delivery of the products cannot be guaranteed until the Products and Services are available in deliverable form in stock upon which we will employ all reasonable means to ensure prompt delivery of the Products to you. However, in rare case, some technical issues may delay the delivery of the Products.

You agree that the Company has a right to limit, refuse, suspend, modify, or discontinue the provision of the Services or Products to any user at any time without assigning any reason to that effect.

Since the payment is processed to be spent on the development and manufacture of the Product immediately upon the submission of the pre-order by you, therefore, it is practically not possible for us to refund the payment you make. By submitting the pre-order, you agree that the pre-orders are final and non-refundable even, in extremely rare cases, the development fails and consequently the delivery of the Product is not made.

We use latest technology to display the images of the Products so that its appearance should be as nearer to the reality as possible. However, there may be some difference of appearance due to your computer’s display setting or the technology you are using. You agree that we are not liable for such difference.

We may limit the sale of the Products and Services or quantity thereof to any specific person or jurisdiction or region at our sole discretion either on case-to-case or general basis.

The Products and Services are accessible globally and are legal within the USA. However, you must check the laws of your local jurisdiction with respect to the legality of the Products and Services before submitting the pre-orders. Any offer for any Product or Service made on this Website is void where prohibited.

 

FORCE MAJEURE:

We will not be liable for failure or delay of development, manufacture and delivery of the Product due to an event of Force Majeure or any event beyond the reasonable control of the Company including, without limitation, an act of God, terrorism, labor strike, Governmental orders, judicial orders or similar other acts.

We will also not liable for the breach of any provision of T&C caused by an event of Force Majeure.

 

PRIVACY:

We don’t allow kids below the age of contract using this Website without the consent and supervision of their guardian/parents. If we have received unknowingly any information relating to the minor using this Website without such consent, the guardian/parents may notify us immediately so that we may remove it from our database.

We employ reasonable measures of industry standards to protect your Information. We use secure network through which your Information travels. The credit card information is given special consideration and is always encrypted while being transferred to other networks.  We will never sell or allow your Information to be used for the purposes other than the processing of the transaction, provision of the Services, delivery of the Products, optimizing of user experience and notifying you of our new Products and Services.

You acknowledge that we use cookies and similar other component to ensure optimum user experience while using this Website and Services.

You agree that we may communicate with you through the contact information you provided us.

 

INTELLECTUAL PROPERTY:

All material including, without limitation, tools, applications, software, images, text and information displayed on or used in this Website (“Material”) is owned by the Company. You are not allowed to reproduce, copy, exploit, sale, resale or use the Material and Services in any manner unless approved by us.

 

MODIFICATIONS, AMENDMENTS AND CHANGES:

We reserve the right to change or modify any or all of the following at any time without notice;

  1. Prices of the Products;
  2. Any provision of T&C or our other policies;
  3. Products and Services; and
  4. Description of the Products.

We own no liability to you or any third party for aforementioned changes or modifications of price, Products or Services or provision of T&C as the case may be.

You are advised to review the latest version of T&C, if any, every time you submit pre-order or use our Services so that you may take an accurate decision. Your failure to review T&C will not waive you from your obligations under T&C.

 

PRODUCTS OR SERVICES:

We use latest technology to display the images of the Products accurately. However, there may be some difference of appearance due to your computer’s display setting or technology you are using. You agree that we do not own liability to that effect.

Some Products and Services may be available through this Website only and may have limited stock. Our Return Policy will apply to such Products and Services.

We may limit the sale of the Products and Services or quantity thereof to any specific person or jurisdiction or geographic region at our sole discretion either on case-to-case basis or generally.

The Products and Services are accessible globally and are legal within the USA. However, you must check the laws of your local jurisdiction with respect to the legality of the Products and Services before submitting the pre-orders. Any offer for any Product or Service made on this Website is void where prohibited.

 

USER ACCOUNT:

To submit the pre-order, we require you to sign-up with this Website by submitting certain information that we may need to process the pre-order including, without limitation, the following:

  1. Your name;
  2. Email or any account with social media networks;
  3. Contact information and physical address;
  4. Credit Card information;

Your Information is subject to our Privacy Policy. You are requested to visit our Privacy Policy page.

You will be liable for all activities carried out under your user account. You are advised for your own interests to keep the username and password of the user account in safe custody. Your failure to keep the confidentiality of the password of your account may expose you to certain liabilities.

 

THIRD PARTY MATERIAL:

For your convenience, we may allow you an access to third-party material including, without limitation, tools, products, services, links or content (“Third Party Material”) over which we have no control. Third Party Material is provided on “as is” and “as available” basis without any evaluation, examination and monitoring. Thus, we neither own any liability arising from your use of Third Party Material nor we warrant that your use thereof is safe. You are advised for your own interest to consult the policies governing such Third Party Material before using the same.

 

USER MATERIAL:

We may request you to send us your comments, suggestions, plans, proposals, reviews, feedback, ideas, creativity, or similar other material through any means or in any forms (“User Material”). You agree that we may use, copy, edit, reproduce, transmit, transfer, display, publish, translate or work on User Material without any restriction and no special license or permission is required from you to that effect.

You agree not to use content in your User Material which is unlawful, threatening, offensive, libelous, abusive, obscene, or objectionable content or subject to the copyright of any person or is against the public policy or related to the privacy of any person or containing virus, malware, spam, or any harmful program that may interfere the smooth provision of the Services (“Unauthorized Content”). However, we may, but not obligated to, edit, remove or monitor User Material containing Unauthorized Content.

While submitting User Material, you must not use a fake email or misrepresent yourself or deceive us in any manner with respect to your identity.

You agree that you will be responsible for User Material posted by you. We own no liability to you or any other party arising from such User Material.

 

INACCURACIES AND OMISSIONS IN THE MATERIAL:

This Website may contain errors, omission or inaccuracies relating to the description of the Products and Services offered thereby. We reserve the right to correct such errors, omissions, or inaccuracies at any time without any prior notice. If you have submitted your order prior to such correction by relying upon the erroneous, omitted or inaccurate information, your pre-order will be governed by the updated and corrected information. Unless otherwise required by law, we own no liability to correct, amend, update or authenticate any information relating to Products and Services on this Website.

 

PROHIBITED USES

No Product and Services or Material can be used in violation of any law, regulation, rights, public policy or ethics.

No part of the Services can be used to harass, insult, abuse, defame, harm, disparage, slander, intimidate or discriminate any person within the Company or external to thereof.

You are not allowed to originate any harmful program, viruses, malware, spyware, spam or any other program or content that may interfere or slow down the function, operation or performance of this Website or any of the Services.

You are prohibited to use this Website, Products and Services or any Material for which we do not intend them to be used.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

We are putting our best efforts to develop and manufacture the Products. In extremely rare cases, our efforts may not succeed due to unseen, unexpected, and unavoidable factors. Consequently the Products may not be delivered. You acknowledge that we are not bound to refund the payment if such development has failed.

PRODUCTS AND SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF PRODUCTS AND SERVICES ARE AT YOUR OWN RISK AND, UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN OR UP TO THE PERMITTED EXTENT BY THE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES, OR THAT THE PRODUCTS AND SERVICES WILL BE RELIABLE, ERROR-FREE, SECURE, ACCURATE, DURABLE, MERCHANTABLE, UNINTERRUPTED, OR FREE FROM HARMFUL PROGRAMS SUCH AS VIRUSES OR SIMILAR OTHER MALIGNED COMPONENTS.
TO THE PERMISSIBLE EXTENT PROVIDED BY THE RELEVANT LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR LOSSES. UNLESS OTHERWISE EXPRESSLY PROVIDED, THE SOLE REMEDY FOR DISSATISFACTION WITH THE PRODUCTS AND SERVICE IS TO STOP USING THE PRODUCTS AND SERVICES.

We may change or revise the scope of Services at any time without any prior notice.

We may cancel any pre-order not submitted in prescribed manner and you will be required to re-submit the same.

Unless otherwise expressly provided herein, we do not warrant that the Products, Services or Material will meet your expectation nor we claim that the errors or defects in the Products and Services will be made up and repaired.

 

INDEMNIFICATION:

You represent and warrant to indemnify, defend and hold harmless the Company and directors, agents, subsidiaries, assigns, affiliates, directors, employees, officers, service providers, suppliers, contractors, subcontractors and interns (“Indemnified Parties”) from and against any claim or demand, including reasonable attorneys’ fees, made by you, or third party due to or arising out of breach of T&C or the documents incorporated herein by reference, or of any law or the rights of a third-party.

 

TERMINATION:

T&C shall govern as long as you are using our Products and Services. If you choose not to use our Products and Services, you may notify us to that effect and henceforth T&C shall stand terminated.

T&C shall be terminated without any prior notice if we find that you have failed to observe T&C.

The termination of T&C shall survive the provision if by context it is intended to survive.

 

MICELLANEOUS TERMS:

If we fail to exercise or enforce any right or avail any remedy available to use under T&C or any law, such failure shall not constitute the waiver of the same.

T&C and other policies available on this Website constitute an entire agreement and understanding between the Company and the user superseding any prior agreement, understanding, proposals or communications in any form.

No ambiguity in T&C shall be construed against the party who drafted T&C.

The headings, sub-headings, numbers are used in T&C for the reference purposes and has nothing to do with the interpretation of or addition to the meaning of any provision hereunder provided.

If any provision of the T&C is found to be void, invalid, or unenforceable by the judicial authority having competent jurisdiction, the provision shall be severed from T&C, and such severance shall not affect the remaining provision of T&C.

 

GOVERNING LAW AND DISPUTE RESOLUTION:

T&C and other policies hereunder shall be governed by the laws of Las Vegas, the State of Nevada United States.

You agree that any dispute arising from T&C between you and us shall be resolved by binding arbitration under the rules of the American Arbitration Association. The venue of the dispute resolution shall be Las Vegas, the State of Nevada. The award of the arbitrator may be executed by the court having competent jurisdiction over the territory where the Company has its principal business office. The cost of the arbitration shall be paid by the party loosing the dispute.

 

COPYRIGHTS INFRINGEMENT:

As a professional business, we respect the rights of other people in their work. We believe that we are not in infringement of the rights of any party. If you or any organization finds us violating such rights, you may contact us with the relevant evidence. The issue will be resolved amicably.

 

NOTICES:

Notices or communication under T&C shall be served upon or made with the Company via contact page.