Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
ScratchBang is a platform for connecting artists and their fans by way of monthly paid subscriptions. Subscriptions must be paid in dollars and not potatoes, because we aren’t living in the Great Depression anymore. No, seriously, if you were going to try to pay with potatoes, we’re not falling for that a fourth time.
In order to use our Service, you must meet a number of conditions, including but not limited to:
ScratchBang acts as an intermediary between Users. It does not endorse any fan or artist or make any representations about their reliability. Please be advised that you enter into contractual (or sexual) relations with other Users at your own risk. You are advised to do thorough background checks before you meet up with any other fan or artist. Tip: If another User’s photo shows them in an orange jumpsuit, you may wish to be cautious about agreeing to meet them while idling your car outside of the walls of your local prison. Exercise your due diligence, please.
You must not:
Payment can be made by means of PayPal. Unless otherwise stated, all prices are listed in United States dollars (no Bitcoin or similar currencies such as expired McDonald’s coupons please).
No refunds are available for processed fan-to-artist subscription payments. Merchandise (such as garments) can be returned for an exchange or refund. Returns must be made within 60 days of placing order. You must e-mail us at firstname.lastname@example.org before returning to receive a return authorization—please don’t just leave it in a basket on our doorstep as though it’s something unimportant like a baby. We'll send you a Return Form. Complete and return the Return Form along with the item(s) being returned. You are responsible for shipping charges related to sending the return back to us, even if you live in some remote and savage land that it costs lots to ship from like Antarctica, Mars, or Idaho. Original shipping fees are non-refundable.
Additional terms surrounding payment, pricing (including a fee schedule), and refunds, may be published on our Site and are hereby incorporated into this Agreement by reference.
Where a User conducts a chargeback or PayPal dispute against ScratchBang, such User shall be liable to ScratchBang for the full amount of the chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, rogue bounty hunters, and other expenses incurred by ScratchBang in the enforcement of its rights under this section.
You agree not to copy, distribute, display, disseminate, inseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
ScratchBang must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us, in this as well as in parallel universes. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“ScratchBang” is a mark used by us, ScratchBang Project LLC, to uniquely identify our Site, Service, and business. You agree not to use these marks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service or so much as a lemonade stand with our name on it.
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you. We therefore do not recommend that you name your pet hamster “ScratchBang,” because if it can do really cool tricks, we might get a court order to seize it and make it our new mascot. Ok, we’re not that evil, but don’t put “ScratchBang” on anything that you can’t remove the word from unless you’re willing to potentially part with it.
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please stop screaming and tearing your hair out and send us a message which contains:
You must sign this notification electronically (please do not sign in blood) and send it to our Copyright Agent at email@example.com.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory. Honestly, some websites out there (not us) have abused this defense to be real assholes and some use it for its intended equivalent—it’s basically become the Internet equivalent of “stand your ground,” but we’re ethical and we’ll try to respond to complaints where it would be totally unreasonable for us not to.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE EXISTENCE OF JUSTIN BIEBER. WE KNOW, EVERYONE IS LOOKING FOR SOMEONE TO BLAME, BUT SCRATCHBANG IS JUST ANOTHER VICTIM.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
Basically, don’t fuck up. There is a 99% chance that you are not one of the people who will fuck up, but if you are, this paragraph means we don’t have to spend more money than O.J. on defending ourselves if you do something really silly, and we can just choose to settle and make you pay for whatever the settlement amount is. Don’t be O.J. Thank you.
This Agreement shall be governed by the laws in force in the State of Wisconsin. The offer and acceptance of this contract are deemed to have occurred in the State of Wisconsin. No, we will not send you cheese.
As of last year, Wisconsin no longer allows cow races to solve legal disputes. You therefore agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Wisconsin. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of competent jurisdiction in the State of Wisconsin (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements. This is known in highly technical legal terms as the “It Sucks to be a Loser Rule.”
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), swarms of poisonous squirrels, embargoes, postal disruption, communication disruption, disruption disruptions, unavailability of payment processors, failure or shortage of infrastructure, zombie attacks, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, ScratchBang shall have the sole right to elect which provision remains in force. We may do this by means of a high-stakes game of Crazy Eights, or just picking which one ScratchBang prefers.
ScratchBang reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. Basically, if Sam knocks over a candle and burns our office down, and we end up forgiving Sam and not making him pay, it does not mean that Cornelius can set our office on fire and also be immune from paying. Please don’t be Cornelius.
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion, including by playing eeny-meeny-miney-moe as a method of choosing to whom we will assign said rights. However, we will probably not do this because we enjoy working with our Users and don’t intend to leave ScratchBang any time soon.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and e-mail you to inform you that there has been a change. Your continued use of our Service shall constitute your acceptance of any such changes. We’re not going to secretly try to get a second mortgage on your house or take out a suspicious life insurance policy on your favorite dog, but you should still read these changes since you will be bound by them.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ScratchBang must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: February 6, 2015
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