Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE: By visiting or using the ScribblittTM Website (the “Website") or by participating in any of the activities on the Website, you acknowledge that you have read, understand and agree to be bound by the following terms and conditions, our Privacy Policy, our Code of Conduct, and any other pertinent rules or policies that are or may be published on the Website from time to time, all of which are incorporated herein by reference.  If you do not agree, you are not permitted to visit or use this Website.

The Website is owned and operated by Mountain Stone Associates, LLC (“We,” “Us” or “Our”) (PO Box 33, Charlotte, VT 05445). If you have any questions, they can be sent to: contact@scribblitt.com.

PARENTAL CONSENT  
Under the United States Children's Online Privacy Protection Act ("COPPA"), parental consent is required for the online collection, use and/or disclosure of personal information obtained from a child under the age of thirteen (13).  

As part of the registration process for the Website, and in compliance with the regulations set out by COPPA, if you are under 13, We ask you to provide Us with the e-mail address of a parent or legal guardian for notification purposes.  

Please refer to Our Privacy Policy for further information. 

PARENTAL NOTICE
It is important to talk with your child about using the Internet safely. Here are just a few things to keep in mind:

  • Remind your child to never give out his or her full name, address or phone number or any other information that would enable someone to locate, contact or identify him or her, without your permission. Help your child make up creative and unique user names and passwords and advise him or her to keep all passwords secret.
  • Tell your child to let you know if he or she feels uncomfortable about something another user has said or done.
  • Impress upon your child the importance of never engaging in a communication or activity that would put him or her at risk.

ACCESS AND SECURITY  
To access this Website or some of the services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide will be correct, current and complete. If We believe the information you have provided is not correct, current or complete, We have the right to refuse you access to this Website or any of its services, and to terminate or suspend your access at any time.

As part of the registration process, you will select a Password and a User Name, to create a new user account (the "Account"). You may not (a) select or use a User Name of another person with the intent to impersonate that person; (b) use a name that someone else owns without having the right to use it; or (c) use a User Name that We think is inappropriate or offensive.  When you create a User Name, DO NOT use your real name or any other information that may allow someone to contact, locate or identify you. Try to think of something special and different to use for your User Name and Password.

You must notify Us if you know of or suspect any unauthorized use(s) of your Account, or if you know of or suspect any breach of security, including loss, theft, or unauthorized disclosure of your Password. You are responsible for maintaining the confidentiality of your Password.  We reserve the right to terminate your Account immediately if We believe that there has been any fraudulent, abusive, or otherwise illegal activity regarding your Account, and We may report that kind of activity to appropriate law-enforcement agencies.  
If you have reason to believe that your Account is no longer secure (for example, if there has been a loss, theft, or unauthorized disclosure or use of your User Name, or Password), you must change your Password as soon as possible and tell Us about the problem.  

CANCELLATION  
You may notify Us that you wish to cancel your Account at any time.

If, at any time, We believe that you have violated any of these Terms of Use, the Privacy Policy or the Code of Conduct, We have the right to suspend or terminate your access to the Website and your Account without notice.  If We do that, We will not have any further obligation to you and you will not be able to access the Website. We reserve the right to suspend any Account that has been inactive for six (6) months or more. If your account has been suspended for inactivity, you may reactivate it.

COPYRIGHTS AND TRADEMARKS
As between you and Us, We retain the copyright in all text, graphics, logos, icons, images, photographs and animation (“Content”) on this Website. All software used on the Website is the property of Us or Our software suppliers and protected by United States and international copyright laws.

The trademarks, service marks, designs, and logos displayed on this Website (“Trademarks”) are Our registered or unregistered Trademarks. You may not use or reproduce any Trademark of Ours, or imply any endorsement by or relationship with Us, without first obtaining Our written permission.

USE OF SITE CONTENT AND SOFTWARE
We hereby grant to you a personal, nonexclusive, non-assignable, and non-transferable license to access, download, display, and print one copy of the Content displayed on this Website and to use Our software on any machine(s) of which you are the primary user. Unauthorized copying of any software or duplication of any software in any manner, including software that has been modified, merged, or included within it, or the written materials associated with any software, is expressly forbidden. You acknowledge that you may not sublicense, transfer, sell, or assign this license. Any attempt by you to sublicense, transfer, sell or assign the license is void and will not be recognized.

YOUR CREATIONS  
By submitting or sending any stories, data, information, documents, designs, ideas, names, artwork, images, photographs or other material (“Material”) created by you through the Website or posting any Material to one of Our chat areas or message centers, you represent and warrant that (a) the Material does not contain anything libelous, scandalous, improper or threatening of anyone's right to privacy or personal or economic rights, (b) such Material is not confidential, secret or proprietary information belonging to someone else; (c) no one else has any rights to the Material; (d) your transmission of the Material to the Website does not violate any copyright or other laws; and you (e) grant to Us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and publicly perform the Material and to incorporate any Material in other works in any form, media, or technology now known or later developed.  Our intent is to retain the right to use excerpts/examples created on the Website for Promotional/Public Relations purposes.

We will not be required to treat any Material you submit through the Website as confidential and may use any Material in Our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in Our future operations. We cannot be responsible for maintaining any Material that you submit through the Website, and We may delete or destroy any such Material at any time.

We do not claim ownership over any Material you submit or send through the Website.

The information and opinions expressed in such Material or in any of Our chat areas or message centers are not necessarily Ours, and We make no representations or warranties, whatever regarding them, nor do We assume any obligation to monitor the Material posted or to edit or delete any postings. We do, however, reserve the right to edit or delete postings or refuse to print any Material We consider illegal or inappropriate in any way.

It is improper, and may be a violation of law, for you to: 
- Impersonate or misrepresent your connection to someone else.
- Post or download and distribute Material that you do not own or which you do not have permission to use. Please be aware: violation of someone's copyright, trademark, or other intellectual property rights, including rights of privacy or publicity, may subject you to serious civil or criminal penalties. 
- Post or download and distribute anything that libels, defames, invades privacy, or is even remotely obscene, pornographic, abusive, threatening, violates any law or advocates any illegal activity, advertises unauthorized products or services, solicits funds, disrupts the functionality of the Website or its services, collects information about others without their consent, or seeks to exploit or harm children.
- Use any of Our Content or services for illegal or inappropriate activities. Your support of such activities is also strictly prohibited.

You remain solely responsible for the content and consequences of your activities.

We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any vulgar, threatening, libelous, illegal or otherwise inappropriate Materials.

GIFT CARDS
Ensure your Scribblitt Gift Card CODE is kept in a safe place.  These gift cards are like cash.   Gift Cards will not be replaced if lost. 
Every attempt will be made to help locate the remaining value on a lost card with satisfactory proof of purchase AND the Gift Card code.
Gift cards will not be accepted if the unique code can not be identified in the Scribblitt system. 
Purchase amounts exceeding the total gift card value must be paid for with a credit card.
You can check your remaining balance in the Gift Card section of the site.
Gift Cards do not expire as long as the Scribblitt site exists.  Gift Cards can not be used to purchase other gift cards. 
Gift Cards can only be redeemed at www.scribblitt.com.

NOTICE OF INFRINGEMENT
We will remove any posting that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Copyright Agent the written information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:
Copyright Agent
Mountain Stone Associates, LLC
PO Box 33, Charlotte, VT 05445

contact@scribblitt.com

SHIPPING AND RISK OF LOSS
All merchandise purchased through the Website is shipped via FedEx Ground or another courier service and made pursuant to a shipment contract. This means that the risk of loss and title for such merchandise pass to you upon delivery to the end carrier. Shipping fees are based on product packaging size, weight and zip code for delivery plus applicable fees.  

CANCELLATION AND RETURN POLICY  
The merchandise offered through the Website is customized and therefore not returnable unless there is a defect, error or omission, as determined in Our sole and absolute discretion. Once an order is placed, it cannot be cancelled or changed in any way. Any defects must be reported to contact@scribblitt.com within 5 days of receipt.

DISCLAIMERS OF WARRANTY  
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU AGREE THAT ALL OF THE CONTENT AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTIES REGARDING THE WEBSITE’S ACCURACY, COMPLETENESS OR PERFORMANCE.   WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATION AS TO THE RESULTS THAT YOU CAN OBTAIN FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED FROM THE WEBSITE.  YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AND THAT WE WILL NOT BE RESPONSIBLE FOR THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT.  WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR PROMISE NOT ACTUALLY MADE IN WRITING IN THESE TERMSOF USE. IF ANY JURISDICTION DOES NOT PERMIT US TO EXCLUDE ANY WARRANTY, THE DISCLAIMERS THAT WE ARE MAKING WILL APPLY TO THE GREATEST EXTENT POSSIBLE.  

WE WILL NOT BE LIABLE TO ANYONE FOR ANY INCIDENTAL, DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES, ARISING OUT OF ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE HAVE BEEN ACTUALLY EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   IN NO EVENT WILL OUR LIABILITY TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNIFICATION
You also agree to indemnify Us and Our officers, directors, employees, legal representatives, agents, distributors, affiliates and successors from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of these Terms of Use.

HYPERLINKS
We may post links to third-party web sites, and some of the content appearing this Website may have been supplied by one or more third parties—including Our sponsors. We are not responsible for the content posted, or problems encountered on any third –party web site, whether linked to this Website or accessed by means of advertisements posted on this Website.

TECHNICAL SUPPORT DISCLAIMER
1. While we have made every effort to ensure that the advice and/or information provided through Our support services is correct, We do not accept any responsibility or liability for any errors or omissions. Any advice or information that you receive through any form of communication from Us is not a guarantee that such advice or information will correct your problem. It is only offered as assistance to you.  

2. We will not be held responsible for any losses, damages, faults, or other consequences as a result of advice or information supplied by Us. No e-mails from Us, including technical support e-mails, may be distributed or posted on any media accessible to the public, without Our prior written consent.  

GOVERNING LAW; JURISDICTION
These Terms of Use and their interpretation are governed by the laws of the State of Connecticut without reference to the principles of conflicts of laws thereof. Any dispute arising from the breach of these Terms of Use shall be resolved exclusively in the state and federal courts of Connecticut.

CHANGES AND UPDATES  
The Website may change these Terms of Use, the Privacy Policy or any other policies listed herein at any time. We reserve the right to change the information, features, products, policies, promotions, disclosures and disclaimers of the Website at any time. IF YOU ARE A CHILD UNDER THE AGE OF 13, THEN YOUR PARENTS ACCEPT THIS PRIVACY POLICY BY ALLOWING YOU TO VISIT THE SITE. Please check back occasionally to see if any changes have been made since your last visit. Your continued use of the Website following the posting of changes to these Terms of Use or to Our Privacy Policy will signify your acceptance of those changes.  

LAST UPDATED:  October 2012