Skratch Terms of Use
Last modified: January 11, 2017

Your use of use of the Skratch mobile application (the “App”), Skratch.com website (the “Site”), and other online products and services (collectively with the App and the Site, the “Platform”), whether via the Internet, a cellular device or otherwise, is subject to the following legal agreement (the “Terms”) between you and Skratch Solutions LLC (together with its affiliates and subsidiaries, “Skratch” or “we”). Users of the Platform are sometimes referred to in the Terms individually as a “User” and collectively as the “Users”. The Terms constitute a fully binding agreement between Skratch, as the proprietor of all rights in and to the Platform, and you. Unless otherwise agreed to in writing by Skratch, the Terms include (a) the terms and conditions in this document, (b) the Skratch Privacy Policy (the “Privacy Policy”) available at www.skratch.co, (c) the Skratch Guide on Best Practices for Skratcher Success (the “Skratcher Success Guide”) available at www.skratch.co, and (d) any future amendments and additions to the Terms as Skratch may publish from time to time, each of which is incorporated by reference herein. Prior to use of the Platform, you should read each of the documents comprising the Terms and print or save a local copy for your records. Use of the Platform constitutes assent to be bound by the Terms. If you do not agree with all or any part of the Terms, you are prohibited from and must refrain from using the Platform or any part thereof.

  1. The Platform. The Platform is a web and mobile device-based communications platform that offers tools, resources, and a venue that enables the connection between and commerce among Seekers and Skratchers. “Seekers” are individuals or businesses seeking to obtain services (each such service, a “Gig”) from Skratchers. “Skratchers” are individuals seeking to perform Gigs for Seekers. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting in any other context with other persons whom you don’t know. For the safety and integrity of the Platform, as well as your safety and the safety of other Users, you are expressly prohibited from sharing your personal contact information with other Users. EACH USER ACKNOWLEDGES AND AGREES THAT THE USE OF THE PLATFORM IS AT THE USER’S SOLE AND EXCLUSIVE RISK, THAT THE PLATFORM IS NOT AN EMPLOYMENT SERVICE, AND THAT SKRATCH:
    1. NEITHER PERFORMS GIGS NOR EMPLOYS, RECOMMENDS, OR ENDORSES INDIVIDUALS TO PERFORM GIGS;
    2. DOES NOT SET A SKRATCHER’S HOURS OR LOCATION OF GIGS;
    3. DOES NOT SUPERVISE, DIRECT, OR CONTROL IN ANY WAY THE MANNER IN WHICH A SKRATCHER WORKS OR OTHERWISE PERFORMS A GIG;
    4. DOES NOT AND WILL NOT PROVIDE ANY EQUIPMENT, LABOR, OR MATERIALS NEEDED FOR A PARTICULAR GIG
    5. IS NOT RESPONSIBLE FOR THE PERFORMANCE OF SKRATCHERS OR SEEKERS, NOR DOES SKRATCH HAVE CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF GIGS, SKRATCHERS, SEEKERS, NOR OF THE INTEGRITY, RESPONSIBILITY, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS;
    6. DOES NOT SCREEN USERS OR AUTOMATICALLY CONDUCT ANY KIND OF IDENTITY OR BACKGROUND CHECKS EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE TERMS OR ON THE PLATFORM; AND
    7. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, QUALITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE GIGS REQUESTED AND SERVICES PROVIDED BY USERS IDENTIFIED THROUGH SKRATCH WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS.
  2. Acceptance of the Terms; User Representations and Warranties. In order to use the Platform, you must agree to the Terms by either (i) clicking to accept the Terms, where this option is made available to you by Skratch in the Platform’s user interface or (ii) using the Platform. You acknowledge and agree that your use of the Platform constitutes acceptance of the Terms from the date of first use onwards. You may not use the Platform and may not accept the Terms if you are a person barred from using the Platform under United State law. By acceptance of the Terms in accordance with this Section 2, you represent and warrant to Skratch as follows (which representations are relied upon by Skratch and are a material inducement to Skratch’s provision of the Platform to you):
    1. You have read each of the documents comprising the Terms;
    2. You are at least 14 years old and have the full power, capacity, and authority to accept the Terms;
    3. If you are accepting the Terms on behalf of your employer or any other entity, you have full legal authority to bind your employer or such other entity to the Terms;
    4. Neither you, nor anyone in your home or, as applicable, the location where services (“Gigs”) are provided or received (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others, (ii) has been convicted of a felony or any misdemeanor involving or relating to sex, child abuse, or domestic violence, or any other crime involving fraud or moral turpitude, or (iii) has been or is currently required to register as a sex offender in any jurisdiction or with any government entity; and
    5. If you are a Seeker, you have and shall maintain in full force and effect such liability insurance, including homeowner or umbrella policies, as may be reasonably necessary to satisfy any claims, suits, injuries or damages arising from a Skratcher’s performance of a Gig at your residence or under your direction.
  3. Teen Skratchers and Parent Consent.
    1. If you are between 14 and 17 years of age and would like to utilize the Platform as a Skratcher (a “Teen Skratcher”), you may register to use the Platform but only if your parent or legal guardian consents to your registration.
    2. If you are a Teen Skratcher between 14 and 15 years of age (a “Young Skratcher”), pursuant to the Fair Labor Standards Act (the “FLSA”) you are prohibited from working (i) more than 3 hours a day on school days, including Fridays, (ii) more than 18 hours per week in school weeks, (iii) more than 8 hours a day on non-school days, or (iv) more than 40 hours per week when school is not in session. Parent that consents to participation is responsible for ensuring that their Young Skratcher (as applicable) is performing work in compliance with the FLSA. Notwithstanding the foregoing, Sections 1.A., 1.B., and 1.C., or any other provision of the Terms, Skratch has the right to monitor Young Skratchers’ use of the Platform and the Gigs performed to confirm that Young Skratchers are performing work in compliance with the FLSA, and you hereby consent to such monitoring (as applicable). If Skratch determines that work is being performed by a Young Skratcher in violation of the FLSA, Skratch has the right to take such steps as may be reasonably necessary to stop or prevent such violation, including termination of Gigs or the temporary or permanent termination of the Young Skratcher’s use of the Platform.
    3. For purposes of the Terms,Teen users are deemed to be Skratchers. By consenting to participation of your Teen, you hereby represent, warrant, understand, agree to and accept the Terms of Use in their entirety on behalf of yourself and your Teen Skratcher whether or not you use the Platform. You further understand and agree that you will ensure your Teen Skratcher’s compliance with the Terms and that you are responsible for any noncompliance by your Teen Skratcher.
    4. By providing consent for Teen Skratcher, you also consent to be primary registered merchant for payment on behalf of your Teen Skratcher
    5. As a consenting parent, you also agree that you are responsible for monitoring the account of your Teen Skratcher as well as your Teen Skratcher’s activities both on and off of the Platform.
    6. If you register to use the Platform as a Teen Skratcher, the first time you try to log in to your account after you turn 18, you will be required to agree to the Terms as in effect at the time. If you do not agree to the Terms after you turn 18, Skratch may terminate your access to all or any part of the Platform, remove your profile or any Content posted by or about you from the Platform, or terminate your account with Skratch, in each case, with or without notice.
  4. Changes to Terms of Use. Skratch reserves the right to make changes to the Terms at any time and from time to time. To the extent any such changes are made, Skratch provide you notice through the Platform or by email. You acknowledge and agree that if you use the Platform on or after the date on which the Terms have changed, such use of the Platform will be deemed acceptance of the updated Terms. If any such modification of the Terms is unacceptable to you, you may terminate this agreement at any time by ceasing use of the Platform.
  5. Rejection/Termination of Your Use of the Platform; Termination of the Platform. You may terminate your use of the Platform at any time and for any reason in your sole and absolute discretion. You are not obligated to advise Skratch of such termination. Skratch reserves the right to block or otherwise terminate your access to the Platform at any time and for any reason in Skratch’s sole and absolute discretion. Without limitation to the foregoing, Skratch reserves the right to terminate, at any time, with or without notice, and in Skratch’s sole and absolute discretion, the provision of the Platform in its entirety or any part thereof. If Skratch terminates or suspends your right to use the Platform for any reason, you will not be entitled to any refund and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Users may also be subject to screening via a third party as deemed necessary or appropriate in Skratch’s good faith discretion. You hereby give consent to Skratch to conduct such third party screening as often as may be reasonably necessary (as determined in Skratch’s good faith discretion) to preserve the integrity of the interaction between Users. Skratch cannot and does not assume any responsibility for the accuracy or reliability of any User information, regardless of whether learned via third party screening, provided by Users through the Platform, or otherwise.
  6. Privacy Policy. Your privacy is important to Skratch. While using the Platform, personal information may be provided by you or collected by Skratch as detailed in the Privacy Policy, a copy of which can be viewed at www.skratch.co. The Privacy Policy explains Skratch’s practices pertaining to the use of your personal information and Skratch strongly suggests that you read the Privacy Policy carefully. By accepting the Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Skratch in accordance with the Terms, the Privacy Policy, and subject to any applicable laws and regulations.
  7. Classification and Withholding. Each User is solely responsible for, and assumes all liability for, proper classification of payments made or received by such User through the Platform or in connection therewith, in each case in accordance with applicable legal guidelines. Skratch is not responsible for and will not be liable for any tax payments or withholding, including unemployment insurance, social security, disability insurance, or any other applicable federal or state withholdings in connection with Gigs performed.
  8. Account, Password, and Security. In order to access the Platform, you must register with Skratch and create a User account. By your use of the Platform, you hereby represent and warrant to Skratch that none of the information provided in your User account is false, inaccurate, incomplete or misleading. You are the sole authorized user of your User account. You are solely responsible for (a) maintaining the confidentiality of the password and account number connected to your User account and (b) all activities that occur under or attributable to your User account. Skratch exercises no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be accessing your User account or suspect any other breach of security, you should contact Skratch immediately at support@Skratch.co.
  9. Special Promotions. Skratch may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of Skratch, and may be activated, modified, or removed by Skratch at any time with or without advance notification and the liability of any of Skratch’s partners pursuant to such promotional opportunities, sweepstakes, and contests shall be subject to the same limitations on liability as are set forth in Section 18.
  10. Billing and Payment. Skratch may offer access to a third party platform (the “Payment Platform”) that provides Skratchers with the ability to process payments for their services through the Platform. Currently, Braintree, a division of PayPal, Inc. (“Braintree”), is the provider of such Payment Platform. In order for Skratchers to use the Payment Platform, they must enter into the Commercial Entity User Agreement (the “CEA”) with Braintree and its sponsoring bank. The CEA is available at https://Skratch.braintreepayments.com/legal/cea-wells. By using the Payment Platform to process payment for services, you agree (a) that you have downloaded or printed the CEA and (b) that you have reviewed and agree to the terms and conditions of the CEA. Please note that Skratch is not a party to the CEA and that only the Skratcher, Braintree and Braintree’s sponsoring bank are parties to the CEA. Skratch has no obligations or liability of any kind to any person or entity under the CEA. If you have questions regarding the CEA, please contact Braintree at support@braintreepayments.com.
  11. Location Information. Some features of the Platform make use of detailed location information. Such information may include GPS signals and other information sent by the mobile device on which the App is installed and activated. Certain portions of the Platform cannot be provided without utilizing this technology and the resulting data collection. Skratch’s collection and retention of User location history and related information is governed by the Privacy Policy, subject to any applicable laws and regulations.
  12. Fees and Expenses of Cellular and other Data Usage. Use of the Platform and transmitting and receiving real-time updates and other communications to and from the Platform require an online connection between your mobile device and the Internet. In addition, Skratch may, at Skratch’s election, communicate with you about the Platform (or for other legitimate business reasons) by SMS, text message, email, or other electronic means. By providing your mobile phone number and using the Platform, you hereby consent to Skratch’s use of your mobile phone number to deliver information or services related to the Platform. You may opt-out of receiving text messages from us by modifying your account settings on the Site or App, or by emailing no-texts@Skratch.co.Your carrier’s normal, messaging, data, and other rates and fees will apply to these communications and all costs and expenses of such connection are solely your responsibility.
  13. Public Areas; User-Based Content. The Skratch Platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities, or other message or communication facilities (collectively, “Public Areas”) that allow Users to communicate with other Users. You may only use such Public Areas to send and receive messages and material that are relevant and proper to the applicable forum. You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Skratch will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas. The Platform makes use of, among other things, information and updates originating from Users or other third-parties. User or other third-party generated content may be inconsistently provided and may be inaccurate, incomplete, or outdated. In addition, the Platform makes use of and publishes User reviews and ratings of other Users in connection with the performance of Gigs. Such feedback is a User’s opinion and has not been verified or approved by Skratch. Skratch encourages Users to give objective, constructive, and honest feedback regarding the other Users with whom they have transacted. Skratch does not investigate any remarks posted by Users for accuracy or reliability but may, in Skratch’s sole and absolute discretion, elect to do so if a User requests such an investigation. Reviews and other content submitted by Users or other third-parties for publication does not necessarily reflect the views of Skratch and Skratch makes no, and specifically disclaims any, representations or warranties regarding the accuracy, completeness or timeliness of any of the foregoing information. Information and content submitted or posted by User to or for the use of other Users is referred to herein as “User Content”. To the extent that you elect to upload, submit, send, or receive User through the Platform:
    1. You grant Skratch an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable, and transferable license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes Skratch makes in order for your Content to work better with the Platform), communicate, publish, publicly perform, publicly display, and distribute such Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Platform, Skratch’s development of future products, and other uses, at Skratch’s sole discretion. This license continues even if you stop using the Platform. By acceptance of the Terms, you assume sole responsibility for any content you post or transmit to or through the Platform.
    2. You represent and warrant that (i) you own all intellectual property rights in the Content and (ii) that you are permitted to publish the Content and to permit Skratch to publish the Content and exploit all intellectual property rights in and to the Content.
    3. The license granted to Skratch in and to the Content you submit is not limited to personal use, but also extends to any commercial use by Skratch (or third-parties authorized by Skratch) of Content.
    4. Skratch reserves the right to (i) examine the Content before or after its publication or (ii) prevent publication of inappropriate or otherwise inadequate or erroneous Content or remove such Content after its publication. Skratch reserves the right to determine, in Skratch’s sole and absolute discretion, which Content will be published, the duration of its publication, its location, how and when it appears on the Platform, its design and any other matter pertaining to the publication of Content within the Platform.
    5. You are expressly forbidden to, and by your acceptance of the Terms you agree that you shall not, submit Content that: (i) is of a commercial nature, except where such Content is expressly authorized or requested by Skratch and otherwise complies with the Terms; (ii) diminishes or infringes the copyright, trademark, or other proprietary rights of any other person or entity; (iii) poses or is reasonably likely to pose a risk to any person’s safety, security, or health; (iv) identifies or discloses the personal information of any other person without such person’s express written consent to such identification or disclosure; (v) pertains to or identifies minors or their personal information (except as otherwise expressly contemplated by, and necessary for the proper use of, the Platform); (vi) is unlawful, defamatory, libelous, or invades the privacy of any other person or entity; (vii) is harassing, offensive, threatening, or vulgar; (viii) promotes or encourages the discrimination of any person or group of persons on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view, or socio-economical class; (ix) encourages any criminal behavior or conduct that would or could be reasonably likely to constitute a criminal offense under any law; (x) promotes pyramid schemes or chain letters; or (xi) falsely claims or implies that such Content is sponsored or endorsed by Skratch.
  14. Restrictions on Use. The following conduct is strictly prohibited and any failure on your part to comply with such restrictions may result in Skratch’s termination of your use of the Platform and may expose you to potential civil and/or criminal liability:
    1. Publicly displaying, performing, distributing, copying, modifying, adapting, translating, reverse engineering, decompiling, or disassembling the Platform (or any portion thereof), including all information, documents, communications, files, text, graphics, software, and other products available through the Platform (collectively, the “Content”);
    2. Making any use of the Content (except as specifically authorized by the Terms);
    3. Replicating or copying the Content without Skratch’s express prior written consent;
    4. Creating a browser or border environment around the Content (e.g. frames or inline linking);
    5. Posting the same Gig repeatedly;
    6. Interfering with or violating any third-party or other User’s right to privacy or other rights, including copyrights and any other intellectual property rights of others;
    7. Implying or stating that any statements you make are endorsed by Skratch, without the prior written consent of Skratch;
    8. Harvesting or collecting personal information, including through the use of any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine, about any other person or entity without such person’s or entity’s express consent;
    9. Defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights of any person or entity;
    10. Conducting or forward surveys, contests, pyramid schemes, or chain letters;
    11. Impersonating another User or any other person or entity or allowing another User or any other person or entity to use your identification;
    12. Restricting or inhibiting any other user from using and enjoying the Public Areas or any other portion of the Platform.
    13. Transmitting or distributing (whether actively or passively) any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that is intended to or might reasonably be expected to damage, hijack, or harm in any way the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
    14. Interfering with or disrupting the operation of, or disobeying any requirements, procedures, policies, or regulations of the Platform or the servers or networks that host the Platform or make the Platform available;
    15. Selling, licensing, or exploiting for any commercial purposes any use of or access to the Content or the Platform;
    16. Uploading content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent, or sexual manner.
    17. Framing or mirroring any part of the Platform or forwarding any Content or other data maintained on, distributed through, or made available on or through the Platform without Skratch’s prior express written consent;
    18. Attempting to circumvent the payments system or service fees in anyway including, but not limited to, processing payments outside of the Platform, including inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
    19. Using the Platform, directly or indirectly, for the purpose of or in connection with any illegal, immoral, or unauthorized activity or purpose;
    20. Using the Platform or the Content for, or conducting through the Platform, any non-personal or commercial purposes (other than those expressly contemplated by the Terms) without Skratch’s express prior written consent; or
    21. Otherwise infringing or violating any of these Terms.
  15. Intellectual Property Rights. All intellectual property rights in and to the Platform, including the underlying software and all corresponding databases, and all copyrights, trademarks, industrial designs, patents, and trade secrets are either (a) the exclusive property of Skratch or (b) licensed by Skratch from third-parties. “Skratch”, the Skratch logo, and all other trade or service marks are the property of Skratch and you may not use such logos or marks for any purpose that is not expressly authorized pursuant to the Terms or by the prior written consent of Skratch. The design, trade dress, and the “look and feel” of the Platform are protected works under applicable copyright laws and Skratch retains all intellectual property rights in the foregoing. The license to use the Platform granted to you pursuant to the Terms does not extend to or include a license to use any mark, indicator, logo, or notation that is displayed on or by the Platform. Skratch reserves the right to protect the Platform and all associated intellectual property rights by technological or other means. You acknowledge and agree that you shall not undertake to circumvent these means. Without limitation to any other rights available to Skratch under applicable law, you are hereby advised that any attempted or actual infringement of this Section 15 will result in the termination of all your rights under the Terms.
  16. Digital Millennium Copyright Act. Skratch investigates notices of copyright infringement and takes appropriate actions under the Digital Millennium Copyright Act (the “DMCA”), Title 17, United States Code, Section 512(c), as follows:
    1. For purposes of providing written notice under the DMCA, Skratch has designated an agent with the United States Copyright Office (“Copyright Agent”). All written notification, pursuant to the DMCA, must be submitted to the designated Copyright Agent by email to copyright@Skratch.co or by delivery to the following address: Skratch Solutions LLC, 15770 Dallas Pkwy #1100, Dallas, TX 75248, Attention: DMCA Complaints. The Skratch Copyright Agent can also be reached by telephone at (972) 638-0858.
    2. If you are a copyright owner or agent thereof and believe that any User Content available through the Platform infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to Skratch’s Copyright Agent, identified above. To be effective, the written notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    3. If you believe that your User Content, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or authority under the law, to publish or use such User Consent, you may submit a written counter-notice, pursuant to the DMCA, to Skratch’s Copyright Agent, identified above. To be effective, the written counter-notice must include: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and (iv) your name, address and telephone number, and a statement that your consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
    4. If a counter-notice is received by Skratch’s Copyright Agent, Skratch may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that Skratch may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Skratch’s sole discretion.
    5. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider (such as or including Skratch), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether User Content infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.
  17. Links. For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. Skratch does not control or endorse such websites and is not responsible for their products, services or content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. The Terms apply only to Platform. If you decide to access any of the third party websites for which links are provided on the Platform, you do so at your own risk. Skratch reserves the right to terminate any link or linking program at any time. Skratch disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. Except as provided in Section 17.a, you may not link to the Site without Skratch’s written permission. If you are interested in linking to the Site, please contact us at support@Skratch.co.
    1. As part of the functionality of the Platform, you may link your User account with online accounts you may have with third party service providers (such as Facebook) (each such account, a “Third Party Account”) by either (i) providing your Third Party Account login information through the Platform or (ii) electing in your User account setting to allow Skratch to access your Third Party Account, in each case, as may permitted under the applicable terms and conditions of such Third Party Account. By linking a Third Party Account to your User account, you represent and warrant to Skratch that you are entitled to disclose your Third Party Account login information to Skratch or grant Skratch access to your Third Party Account (including for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of such Third Party Account and without obligating Skratch to pay any fees or making Skratch subject to any usage limitations imposed by such Third Party Account service providers. By granting Skratch access to a Third Party Account, you understand that (i) Skratch may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Skratch Platform via your account, including any friend lists and (ii) Skratch may submit and receive additional information to or from your Third Party Account (to the extent you are notified when you link your account with the Third Party Account). Unless otherwise specified in the Terms, all SNS Content, if any, shall be considered to be User Content for all purposes of the Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your User account on the Platform. Please note that if a Third Party Account or associated service becomes unavailable or Skratch’s access to such Third Party Account is terminated by the Third Party Account service provider, the applicable SNS Content may no longer be available on and through the Platform. You can disable the link between your User account and any Third Party Account at any time by electing to do so in your User account settings. Please note that your relationship with the Third Party Account service providers associated with your Third Party Accounts are governed solely by your agreements with such Third Party Account service providers. You acknowledge and agree that Skratch may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Platform. At your request made via e-mail to privacy@Skratch.co, Skratch will deactivate the connection between the Platform and your Third Party Account and delete any information stored on Skratch’s servers that was obtained through such Third Party Account, except (as applicable) the username and profile picture that become associated with your User account.
  18. WARRANTIES AND DISCLAIMERS; LIMITATION OF LIABILITY.
    1. EXCEPT AS EXPRESSLY STATED OTHERWISE ELSEWHERE IN THE TERMS, SKRATCH DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE PLATFORM, INCLUDING, FOR EXAMPLE, ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PLATFORM, THE SPECIFIC FUNCTIONS OF THE PLATFORM OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SKRATCH PROVIDES THE PLATFORM “AS IS” AND ON AN “AS AVAILABLE” BASIS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
    2. SKRATCH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (AND DISCLAIMS ANY AND ALL LIABILITY ASSOCIATES WITH): (A) WHETHER ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (B) WHETHER THE INFORMATION, PRODUCTS, OR SERVICES OBTAINED FROM OR THROUGH THE PLATFORM WILL BE RELIABLE, ACCURATE, SAFE, TIMELY, OR COMPLETE; (C) THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE PLATFORM OR OTHERWISE; (D) THE CONDUCT OF USERS OR OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; (E) THE USE OF ANCILLARY SUPPORT SERVICES; (F) WHETHER THE PLATFORM IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE, OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM, OR NETWORK; (G) WHETHER USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
    3. SKRATCH HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE SKRATCH FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PLATFORM OR THE CONTENT.
    4. SKRATCH HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE SKRATCH FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM: (I) ANY INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF A USER’S ACCOUNT INFORMATION OR ANY OTHER INFORMATION PROVIDED BY A USER; (II) ANY INACCURACY OR BREACH OF BY ANY OTHER USER OF SUCH USER’S REPRESENTATIONS AND WARRANTIES PURSUANT TO THE TERMS; (III) USER CONTENT; (IV) THIRD-PARTY SERVICES AND CONTENT; OR (V) ANY ACTIONS OR INACTIONS OF ANY OTHER USER.
    5. TO THE FULLEST EXTENT PERMITTED BY LAW, (i) SKRATCH SHALL NOT BE LIABLE TO YOU OR OTHERWISE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, (ii) THE TOTAL LIABILITY OF SKRATCH FOR ANY CLAIMS UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO SKRATCH, EITHER DIRECTLY OR INDIRECTLY, FOR THE USE OF THE PLATFORM, AND (iii) IN ALL CASES, SKRATCH SHALL NOT BE LIABLE TO YOU OR OTHERWISE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
    6. REGARDLESS OF WHETHER SKRATCH SCREENS USERS OR PERFORMS A BACKGROUND CHECK, YOU SHOULD EXERCISE CAUTION AND PERFORM YOUR OWN SCREENING BEFORE CONNECTING WITH ANYONE THROUGH THE SERVICE, MEETING ANYONE, ENGAGING USERS OR ACCEPTING ENGAGEMENTS. SKRATCH HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE SKRATCH FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICE OR YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, INCLUDING ANY ACTS OR OMISSIONS OF USERS ONLINE OR OFFLINE.
  19. Indemnity. By acceptance of the Terms, you agree, to the fullest extent permitted by law, to indemnify and hold harmless Skratch and Skratch’s members, stockholders, employees, officers, directors, managers, and agents from and against all claims, damages, expenses, losses, and liabilities, including reasonable attorneys’ fees, that arise as a result of or are otherwise attributable to your use of the Platform or violation of the Terms.
  20. Nature of Relationship; Consideration. The Terms and your use of the Platform, including the your submission of User Content (if any) to the Platform, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the you and Skratch. Your use of the Platform constitutes the sole and sufficient consideration to which you are entitled for any User Content or other contributions you may make to Skratch or the Platform.
  21. Governing Law; Jurisdiction; Venue. The Terms shall be governed by and construed in accordance with the procedural and substantive laws of the State of Texas regardless of any conflict of laws principles. Subject to Section 22, any proceeding arising with respect to the validity, construction, enforcement or interpretation of the Terms, and all issues relating in any matter thereto, shall be exclusively brought in the United States District Court for the Northern District of Texas located in Dallas, Texas, or if federal jurisdiction does not pertain, in the state courts of the State of Texas, located in Dallas County. By your acceptance of the Terms, and subject to Section 22, you hereby submit and consent to the exclusive jurisdiction of such courts for the purpose of any such proceeding and irrevocably waive (a) any objection which you may now or hereafter have to the laying of venue in such courts and (b) any claim that any such proceeding brought in any such court has been brought in an inconvenient forum. BY YOUR ACCEPTANCE OF THE TERMS, YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, AND UNDERSTAND THAT SKRATCH IS RELYING UPON SUCH WAIVER, ANY PRESENT OR FUTURE RIGHT TO A TRIAL BY JURY IN ANY CASE OR CONTROVERSY ARISING OUT OF, OR IS IN RESPECT TO, THE TERMS OR YOUR OR SKRATCH’S PERFORMANCE THEREOF.
  22. Dispute Resolution.
    1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to the Terms (each, a “Dispute”), you and Skratch agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any arbitration or court proceeding. Such 30-day period will commence upon the complaining party’s delivery of written notice of the Dispute to the other party or parties hereto. Your address for such notices is your billing address, with an email copy to the email address you have provided to Skratch. Skratch’s address for such notices is Skratch Solutions LLC 15770 Dallas Pkwy #1100, Dallas, TX 75248, Attention: Legal.
    2. Binding Arbitration. Any Dispute that remains unresolved following the 30-day negotiations period described in Section 22.a, shall be resolved by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other User or other third-party. The arbitration shall be held in Dallas, Texas. Each party to the Dispute shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
  23. Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by you in the performance of your obligations under the Terms or with respect to the Platform is not a consent by Skratch to or waiver of any other breach or default in the performance by you of the same or any of your other obligations under the Terms or with respect to the Platform. Any failure by Skratch to complain of any act of yours or to declare you in default with respect to the Terms or the Platform, irrespective of how long such failure continues, does not constitute a waiver by Skratch of Skratch’s rights with respect to such default until the applicable statute-of-limitations period has run.
  24. Entire Agreement. The Terms (a) embody the entire agreement and understanding between you and Skratch relating to the subject matter of the Terms and (b) supersede all prior agreements and understandings that may exist between you and Skratch relating to the subject matter of the Terms. You may have other agreements with Skratch, such as purchase or service agreements. Those agreements are separate and in addition to the Terms. The Terms do not modify, revise or amend the terms of any other agreements you may have with Skratch.
  25. Severability. If any provision of the Terms is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable, and the Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part of the Terms; and the remaining provisions of the Terms shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from the Terms. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically as part of the Terms a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
  26. Binding Effect; Assignment; Third Party Beneficiaries. The Terms shall be binding upon, inure to the benefit of, and be enforceable by, you, Skratch, and yours and Skratch’s respective successors and permitted assigns. You may not assign the Terms, or any of your rights or obligations thereunder, to any other person or entity without the prior express written consent of Skratch. Skratch may assign the Terms, or any of Skratch’s rights or obligations thereunder, at any time and in Skratch’s sole and absolute discretion; provided that (a) such assignment is to either (i) an affiliate or subsidiary of Skratch or (ii) a person or entity that acquires all or substantially all of the assets comprising the Platform and (b) such assignee undertakes Skratch’s obligations under the Terms. The Terms are not intended to confer any rights or benefits on any persons or entities other than you and Skratch (other than such persons or entities for whom indemnification is expressly provided pursuant to the Terms), it being agreed that all third party beneficiary rights (except with respect to such indemnified persons or entities) are expressly denied.
  27. Apple® devices. If you use the App on an Apple® device, then you acknowledge and agree that: (a) Apple, Inc. and Apple, Inc.’s subsidiaries (collectively, “Apple”) bear no duties or obligations to you under the Terms, including any obligation to furnish you with Platform maintenance and support; (b) you will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Platform or the Terms, including claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance; and (c) Apple is an intended third party beneficiary of the Terms and Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
  28. Interpretation. In the interpretation of the Terms, except where the context otherwise requires, (a) “including” or “include” does not denote or imply any limitation, (b) “or” has the inclusive meaning “and/or,” (c) the singular includes the plural, and vice versa, and each gender includes each other gender, (d) captions or headings are only for reference and are not to be considered in interpreting the Terms, and (e) “Section” refers to a section of this document, unless otherwise stated.
  29. Inquiries; Contacting Skratch. If you have any questions or concerns regarding any of the terms or provisions of the Terms, you may contact Skratch via email at support@Skratch.co. Upon receipt of your inquiry, Skratch will use commercially reasonable efforts to promptly address any questions or concerns you may have.