By checking "I agree", you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you do not agree to any of the terms below, we may be unwilling to grant you access to our services. If you are unwilling to accept all of the terms of this Agreement, you should not check the "I agree" checkbox and you should exit this service.
I. DESCRIPTION OF SERVICES
Company is a Delaware corporation, which owns and operates the www.scratchwireless.com website (the "website"), offers the Scratch Wireless phones ("Devices") and makes available the Scratch Wireless voice, text and data services, related apps and other related services (collectively, with the website and Devices, the "Services") and is the owner of all related brands and logos. Any reference to the "website" shall include any and all pages, subdomains, affiliated domains, brands, products or other areas of the website, or any other affiliated sites or domains owned or operated by or on behalf of Company. Without limiting the generality of the foregoing, the Services include all portions, features, pages and functionality thereof, whether paid or free, included in the basic version or in other options or upgrades, in any format, including on the web site, and on apps or other functionality on the Devices.
If you are under 13 years old, you must have the permission of your parent or guardian to use the Services. By accessing or using the Services, you agree to be bound by the terms of this Agreement.
All information and services are exchanged electronically, via the internet or wirelessly via the Device. You are responsible for maintaining your own access to the internet or other wireless connectivity at your own expense. You consent to receiving communications electronically. Company is a privately owned and operated service and does not represent or speak for any governmental office or authority.
The Device comes standard only with WiFi capability. You may elect to purchase a "pass" for optional voice or data over cellular network provided by a third party partner appointed by us. We are not responsible for these third party services. Terms and conditions applicable between you and the third party partner may apply. A "pass" will expire if unused in the specified amount of time (e.g., one day or one month), or if the specified amount of voice or data is used. Any unused credits or "passes" are non transferrable and non refundable. Certain features may be limited, suspended, blocked or restricted by geography, number, duration or other criteria as determined by us or our third party partners at any time in our or their sole discretion and without liability to you.
Any phone number you receive from us may be temporary and is owned by us and merely licensed to you during the term of this Agreement so long as you remain in compliance with all the terms hereof. You do not own any other rights to the phone number and shall not port or transfer it to any other service, use it in any way other than with the Services or keep it after the term. We may reclaim the phone number associated with your account if you fail to place a voice call, or send a text or media message through the Services for a period of 30 days, and may otherwise discontinue phone number availability and reclaim phone numbers at any time without liability to you.
II. PASSWORDS AND ACCESS.
In order to access some features of the Services, you may have to register or create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. Registration or subscription to the Services and payment of any applicable fee authorizes a single individual to use the Services unless otherwise expressly stated. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or access the source code from which any component of the Services is compiled or interpreted, and nothing in this Agreement may be construed to grant any right to obtain or use such source code. You agree not to copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Services or learned by you from your use of or access to the Services. You agree not to use the Services or to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.
You shall not download any content unless you see a "download" or similar link displayed by Company on the Services for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Company or the respective licensors of the content. Company and its licensors reserve all rights not expressly granted in and to the Services and the content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
III. YOUR OBLIGATIONS
You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Services.
You may not:
1. restrict or inhibit any other user from using and enjoying the Services;
2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Company) or engage in spamming or flooding;
4. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
5. upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto;
6. resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services (with the exception of the Devices themselves, which are transferable);
7. use email addresses or phone numbers obtained from the Services for solicitation purposes of any kind, directly or indirectly;
8. use data mining, robots or other similar data gathering and extraction tools;
9. make any derivative works based, in whole or in part, on any portion or all of the Services;
10. use webpage frames to enclose any part of the Services;
11. use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to or through the Services;
12. portray Company or its affiliates in a negative manner or otherwise portray its services in a false, misleading, derogatory or offensive manner;
13. use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Services;
14. attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process;
15. post or transmit any photograph or likeness of another person without that person's consent;
16. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
17. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
Company has no obligation to monitor the Services. However, you acknowledge and agree that Company has the right to monitor the Services, including any content transmitted by or through the Services, electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
Your use of Services may be supported, in part, by advertising. Accordingly, you acknowledge and accept that the Services may display advertising and promotions.
IV. PUBLIC POSTINGS AND LICENSED MATERIALS
You acknowledge and agree that you will use the Services only for yourself, with your true identity, and for lawful purposes and in compliance with applicable law.
Certain material you may post on our Services is or may be available to the public, including without limitation any public profile data, feedback, questions, comments, suggestions, uploads, blog entries, ratings, reviews, images, videos, poll answers, etc., in any form or media, that you post via the Services or otherwise (collectively, "Public Postings"). These Public Postings will be treated as non-confidential and nonproprietary. Text messages and SMS messages and other similar communications intended to be private may not end up being private and may be copied, forwarded or posted and may end up becoming Public Postings. You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OR THROUGH THE SERVICES.
Other content or communications you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Services or otherwise (to the extent excluding any Personally Identifiable Information, collectively, "Submissions"), will be treated as non-confidential and nonproprietary.
By providing any Public Posting or Submission, you (i) grant to Company a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content throughout the world in all media and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Services pursuant to this Agreement; (ii) agree that we shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you; (iii) grant to Company the right to use the name that you submit in connection with such content. In addition, you hereby waive all moral rights you may have in any Public Posting or Submissions.
You shall be solely responsible for your own content and any Pubic Postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you submit via Public Postings or Submissions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Services any content or other material that is contrary to any guidelines that we may make available on the website from time to time, or contrary to applicable local, national, and international laws and regulations.
You hereby authorize and grant to us a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your account, Device or Services, to sublicense those rights to third party providers only for so long as necessary to provide the Services to you, and to disclose the same as required or permitted under applicable law.
We do not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove all content if properly notified that such content infringes on another's intellectual property rights. We reserve the right to remove content without prior notice. We reserve the right to decide whether your content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user's account for submitting such material in violation of this Agreement.
V. FEES AND PAYMENTS
If and to the extent any portion of the Services may require a fee payment or incremental payment or subscription, you agree to pay Company any applicable fee posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify. You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.
The following terms apply in the event we provide you any fee-based products or services prior to receiving payment from you for such products or services: After 30 days from the date of any unpaid charges, your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due, and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
VI. WARRANTIES AND LIMITATIONS OF WARRANTIES.
Scratch Wireless will accept products for refund within 30 days of the original delivery date (the time our shipping carrier states your package arrived), provided the Device is returned by the original purchaser and remains in new condition. Please ensure that you're still within the 30-day period before you request a refund.
If you are not completely satisfied with the Services, your sole remedy is that you may cancel your access to the Services at any time.
THE SERVICES, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING, ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SERVICE.
VOICE, TEXT, STANDARD INTERNET DATA SERVICE, MMS OR PICTURE MESSAGING IS CURRENTLY FREE (FOR TRANSMISSIONS TO THE UNITED STATES) WHEN ON WIFI ONLY, BUT NOT CELLULAR. TEXTING IS CURRENTLY FREE AND UNLIMITED (FOR TRANSMISSIONS TO THE UNITED STATES) ON WIFI OR CELLULAR. WE RESERVE THE RIGHT TO CHARGE FOR SUCH FEATURES AND USE IN THE FUTURE, OR TO ADD USAGE OR BANDWIDTH LIMITS. YOU ARE RESPONSIBLE FOR SECURING YOUR OWN WIFI CONNECTION AND USING ONLY THE CELLULAR SERVICE, IF ANY, PURCHASED FROM US WITH YOUR SERVICES. THE DEVICE IS NOT COMPATIBLE FOR USE WITH ANY OTHER SERVICES OR MOBILE NETWORKS. SHORT CODE MESSAGING AND PREMIUM TEXT MESSAGING IS NOT SUPPORTED. CREDITS (INCLUDING WITHOUT LIMITATION ANY UNUSED "PASSES") ARE REVOCABLE AND CANCELABLE LICENSE RIGHTS AND DO NOT CONSTITUTE DIGITAL GOODS, CURRENCY, GIFT CERTIFICATES, STORED VALUE INSTRUMENTS, OR NON-CANCELABLE CREDITS OF ANY KIND.
THE SERVICES ARE ONLY AS GOOD AS YOUR WIFI AND OPTIONAL NETWORK CONNECTION, IF ANY. VOICE AVAILBILITY AND QUALITY IS SUBJECT TO NETWORK SPEEDS, LATENCY, LOAD AND OTHER CONNECTIVITY. WE DO NOT SUPPLY CONNECTIVITY, IT IS ALL SUPPLIED VIA THIRD PARTIES, AND WE ARE NOT RESPONSIBLE FOR YOUR CONNECTION OR LACK THEREOF. SERVERS OR CELL TOWERS MAY GO DOWN.
YOU MAY NOT HAVE ACCESS TO USAGE WHEN YOU NEED IT, INCLUDING IN EMERGENCIES OR WHEN CALLING 911.
VII. LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO US, FOR ANY LOSS OR DAMAGE RESULTING FROM ANY FAILURE TO COMMUNICATE WITH ANY EMERGENCY SERVICES (E.G., 911). IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EXCEED THE TOTAL FEES PAID TO US BY YOU. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICES TO YOU AND WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY US AND RESULTING FROM (1) ANY VIOLATION OF THIS AGREEMENT; (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR VIOLATION OF ANY THRID PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; AND/OR (5) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGED TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICES.
VIII. DURATION OF TERMS
This Agreement does not create any ongoing obligation for us to provide the Services or for you to use it. Either of us may cancel your access to the Services at any time. The terms of this Agreement apply indefinitely in connection with any use of the Services by you.
IX. MODIFICATION OF TERMS.
Company may change the terms of this Agreement from time to time. You will be notified of any such changes via e-mail (if you have provided a valid email address) and/or by posting notice of the changes on the Services. Any such changes will become effective when sent or posted, whichever first occurs. If you object to any such changes, your sole recourse will be to cease using the Services or cancel your account. Continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes.
X. MODIFICATIONS TO SERVICES.
Company reserves the right to modify or discontinue the Services at any time, with or without notice to you, including without limitation by adding or subtracting features and functionality, reward mechanisms, third party content, etc. In the event of such modification or discontinuation of the Service, your sole remedy shall be to cease using the Services or cancel your account. Continued use of the Services following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.
Company and/or its vendors and suppliers, as applicable, retain all right, title and interest in and to the Service, and all information, content, software and materials provided by or on behalf of Company, including but not limited to all text, images, videos, logos, button icons, audio clips, data compilations, and the look and feel of the Services and the Company brands and logos. Except for the use of publicly available forms and information which you obtain from sources other than Company, you agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by Company, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner's prior written consent.
Unless otherwise stated, all content in this Service, is the property of Company or third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Company, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to Company or any of its employees or representatives automatically become the property of Company.
XII. INTERNATIONAL USERS
Services are controlled, operated and administered by Company from within the United States. Company makes no representation that the Services are available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to this Agreement. Access to the Services is expressly prohibited from territories where the Services or any portion thereof is illegal. You agree not to access or use any information or materials on the Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Services.
XIII. THIRD PARTY CONTENT
Certain content on the Services may be supplied by third parties. Company does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including without limitation, suppliers and vendors, or any customer or user of the Service, are those of the respective authors or distributors and not of Company or its affiliates or any of its officers, directors, employees, or agents. In many instances, the content available on the Services represents the opinions and judgments of the respective third parties, whether or not under contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Services. Some third party apps or services may use data in the background or continue to collect data without your knowledge. Under no circumstances shall Company, or its affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through the Service, nor for the conduct of third parties nor for any third party apps.
You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
Last Updated: December 9, 2013