Skraach

Terms of Service

Last Modified: May 11, 2017

 

Welcome to the website of Skraach, LLC, a Virginia limited liability company (“Skraach”, "Company", "we", “our”, or "us").  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of www.skraach.com (the "Website") and its related database, software website application, and online platform (collectively defined herein as, the “Skraach Service”), as a visiting or registered user (as defined below).

 

IF YOU USE THE SKRAACH SERVICE IN ANY FORM (INCLUDING, WITHOUT LIMITATION, NAVIGATING THE WEBSITE OR UTILIZING THE SOFTWARE WEBSITE APPLICATION OR ONLINE PLATFORM) YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF SERVICE, THE SKRAACH PRIVACY POLICY, WHICH CAN BE FOUND HERE [http://www.skraach.com/privacy-policy], THE SCHOLARSHIP ROUND RULES, WHICH CAN BE FOUND HERE [http://www.skraach.com/scholarship-round-rules], AND END USER AGREEMENT, WHICH CAN BE FOUND HERE [http://www.skraach.com/end-user-agreement], AND ANY COUNTERPARTS TO THE AFOREMENTIONED DOCUMENTS, AND WHICH ARE EXPRESSLY INCORPORATED HEREIN.  PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING A SKRAACH SERVICE.  If you do not want to agree to these Terms of Service, User Agreement, or the Privacy Policy, you must not access or use the Website. If you are a Student you also agree to the Scholarship Round Rules.

 

The Skraach Service is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions.  By using this Skraach Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Skraach Service.

 

Changes to the Terms of Service

 

We may revise and update these Terms of Service from time to time in our sole discretion and timing upon a notification on our Website or through email.  All revisions, updates, or changes are effective immediately when we post them to the Website, and apply to all access to and use of the Skraach Service thereafter.  However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice of, or prior to the date the revision, update, or change is posted on the Website.  Your continued use of the Skraach Service following the posting of revised, updated, or changed Terms of Service means and shall constitute your acceptance and agreement to the revision(s), update(s), or change(s).  You are expected to check, read and agree to this page when we send you a notification on our Website or through email, prior to continuing to access or utilize the Company Service so you are aware of any revision, update, or change, as they are binding on you.

 

Accessing the Skraach Service and Account Security

 

              User Account: To register with Skraach, you may be asked to provide certain registration details or other information, all of which is governed by our Privacy Policy.  By registering with Skraach, you represent and warrant that all registration information you submit, including without limitation, your first and last name, mobile telephone number, and payment information is completely accurate.  By registering with Skraach, you represent and warrant that you are of legal age to enter into a binding contract or, if you are a legal entity, you are authorized to enter into and bind the entity to these Terms of Service and register.  If you are under the age of 18, you may not use the Skraach Service.  Each registered user that completes the registration process must register as either a “Student Designer” or a “Client” (collectively “User”).  Skraach and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders or your status as a user in its sole discretion.

 

              Account Security:  You are solely responsible for maintaining the confidentiality, security, and correctness of your registration information.  You are solely and fully responsible for all activities, liabilities, and damage that occurs under your account or password or from your failure to maintain password confidentiality. You agree that Skraach shall not be liable for any loss or damage arising from your failure to keep your Website username password secure.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You agree to comply with all applicable laws regarding online conduct and acceptable content.

 

Access: We reserve the right to withdraw or amend the Website or any Skraach Service, and any product, service or material we provide on the Website, in our sole discretion without notice.  We will not be liable to you if, for any reason, any part of or the entire Website or Skraach Service is unavailable for your access or use at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered Users.

 

Payment Terms

 

              Registering for an account with Skraach may cost money.  The fee rates of services charged to you can be accessed through the Website at the time of registration. We do not have hidden fees. These may be modified or updated by Skraach from time to time.  It is your responsibility to remain informed about the current rates for these services.

             

              Upon registration, you will be asked to authorize a charge to your credit card up to the total amount specified on the Website, depending upon the products and services you choose. You acknowledge and agree that you will pay for all fees you purchase from Skraach, and that Skraach may charge your credit card account as provided by you when registered for Skraach Service, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and to provide us with valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law.  

 

              Cancellations: You may cancel your subscription for any Skraach Service for no charge at any time.  We do not offer any refunds. As a result, you are responsible for paying the full amount authorized and charged to your credit card upon registration.

 

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Service.  You agree not to use the Skraach Service:

Additionally, you agree not to:

Intellectual Property Rights

 

The Website, the Skraach Services, and the online platform, and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are wholly owned by Skraach, LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

Subject to other terms and conditions, such as the End User Agreement and the Scholarship Round Rules, these Terms of Service permit you to use the Skraach Service for both your personal and noncommercial use.  These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Skraach Service or any intellectual property rights owned by Skraach.  Skraach, Skraach’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You must not:

If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Skraach Service in breach of the Terms of Service, your right to use the Skraach Service will cease immediately and you must, at our option and direction, return or destroy any copies of the materials you have made.  Any use of the Skraach Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

 

User Contributions

 

The Skraach Service contains areas, such as the “Reviews” functionality, where subscribers may post, without limitation, reviews, comments, videos, photos, and other content: and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Website. The Website also contains Project Entry Form uploads (“Project Entries”) to be submitted by Student Designers for participation in Scholarship Rounds.  All User Contributions and Project Entries must comply with the Content Standards set out in these Terms of Service.

 

Any User Contributions you Post to the Website will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant us and our affiliates and service providers, our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.  You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by any third party and applicable government agency who owns or possesses any right or interest in or underlying the objects or property described therein; and (d) all User Contributions provided by you is accurate and complete in its requirement to satisfy the foregoing described representations and warranties.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Monitoring and Enforcement:  We reserve the right to (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; and (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material or User Contributions before it is Posted on the Website, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

 

These content standards apply to any and all User Contributions and use of Skraach Services. You represent, warrant, and covenant that your User Contributions will, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions shall not:

Reliance on Information Posted

 

The information presented on or through the Skraach Service is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, SKRAACH SERVICE, OR ONLINE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

 

The Skraach Service may include content provided by third parties, including materials or User Contributions provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Information About You and Your Visits to the Website

 

All information we collect on or through the Skraach Service is subject to our Privacy Policy.  By using the Skraach Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions

 

All purchases through our Website or other transactions for the sale of products or services formed through the Website or as a result of visits made by you are governed by these Terms of Service.  Additional terms and conditions, such as the End User Agreement and Scholarship Round Rules, may also apply to specific portions, services or features of the Website.  All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

 

Linking to the Website and Social Media Features

 

You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

This Website may provide certain social media features that enable you to:

You may use the Skraach Service features solely as they are provided by us solely with respect to the content which they are displayed. Subject to the foregoing, you must not:

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Website

 

If the Website contains links to other sites and resources provided by third parties, we provide these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Relationship of the Parties and Providers

 

              Registered Users are not employees or agents of Skraach or any User.  The relationship between Skraach and a User is that of service provider/client.  No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms of Service, regardless of what User Contributions are provided to the Website.

 

Miscellaneous

 

Geographic Restriction: We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED, THE SKRAACH SERVICE IS MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY.  SKRAACH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

 

Limitation of Liability: You acknowledge that, unless expressly stated on the Website, all User Contributions are provided by independent Users, not by Skraach.  ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR USER CONTRIBUTIONS PROVIDED TO YOU BY SUCH USER THROUGH THE SKRAACH SERVICES.

 

UNDER NO CIRCUMSTANCES WILL SKRAACH’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT CHARGED FOR THAT USER’S MEMBERSHIP SUBSCRIPTION FEE, IF ANY.  IN ADDITION, IN NO EVENT WILL SKRAACH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SKRAACH SERVICES, THE ONLINE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, SKRAACH SERVICES, OR ONLINE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

Indemnification: You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, managers, members, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of a Skraach Service, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

 

Governing Law: These Terms of Service and the relationship between you and the Company will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction.

 

Venue: Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or a Skraach shall be instituted and litigated exclusively in the federal courts of the United States or the state courts of the city of Richmond, in the Commonwealth of Virginia (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant place). You waive any and all objections to the exercise of jurisdiction over you by such courts and to exclusive venue in such courts.

 

Dispute Resolution: Any dispute relating in any way to your use of the Skraach Service, the Company, or to products or services you purchase through Skraach shall be submitted to confidential arbitration in the Commonwealth of Virginia in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the extent you have in any manner violated or threatened to violate Skraach’s intellectual property rights, Skraach may seek injunctive or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in such courts. 

 

No Assignment: You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void. 

 

Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SKRAACH SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver: No failure by the Company to enforce any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

Entire Agreement: The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Skraach, LLC with respect to the Skraach Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Skraach Service.

 

Notices.  We may give notice to you by email or other reasonable means.  You shall give notice to Skraach, LLC by certified mail (postage pre-paid and return receipt requested) to:

              The skraach Team

              3122 W. Clay St. #17

              Richmond, VA 23230

 

QUESTIONS. Please contact us with any questions regarding these Terms of Service by emailing us at: info@skraach.com