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Terms of Service

This Terms of Service is an agreement between Scribble Tone LLC, an Oregon limited liability company (“Scribble Tone”, “we”, “us”, or “our”), and you (“you” or “your”). These Terms of Service govern your access to or use of the Notch service, including our various websites, SMS, APIs, email notifications, and software (“Service”), and any information, data, text, graphics, photos, profiles, or other materials uploaded, downloaded, or appearing on the Service (“Content”). By accessing or using the Service, you agree to be bound by the Terms of Service, including our Privacy Policy (“Terms”). These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.

Updates to Terms

We reserve the right to update or modify the Terms at any time without prior notice to you. Your use of the Service following any such changes constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use the Service.

The Service

The Service and all of its content are subject to trademark, service mark, trade dress, copyright, or other intellectual property rights or licenses held by Scribble Tone. No right, title, or interest in any content or materials is transferred to you as a result of your use of the Service.

We reserve the right, in our sole discretion and without prior notice or liability to you, to: (i) modify or stop providing the Service or any part of the Service to you or to users generally; (ii) remove or refuse to distribute any Content on the Service; (iii) to suspend or terminate users; (iv) to create limits on use or storage; or (v) to reclaim usernames. 
The Service may include advertisements. The types and extent of advertising by us on the Service is subject to change.

The Service may contain links to other websites that are not owned or operated by Scribble Tone. These linked sites are for your convenience and you access them at your own risk. We have no responsibility or liability for these web sites and are not responsible for the content of such websites. Your use of such websites is subject to the terms of use applicable to each website.

Use of the Service

You may use the Service only if you can form a binding contract with Scribble Tone and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

We grant you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, revocable, and non-exclusive license to use the Service, provided that: (i) your use of the Service is solely for your personal use; (ii) you will not transfer, give access to, copy, or distribute any part of the Service without our prior written consent; (iii) you will not attempt to reverse engineer, alter, disrupt, or modify any part of the Service; and (iv) you will comply with these Terms.

You are responsible for your use of the Service, including any data charges you incur through use of the Service, any Content you post to the Service, and any related consequences. You should only provide Content that you are comfortable sharing with others under these Terms.

Any information that you or other users provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use of this information as set forth in the Privacy Policy.

Scribble Tone does not claim any ownership rights in the Content that you post on or through the Service. Instead, you hereby grant to Scribble Tone a non-exclusive, royalty-free, sublicensable, transferable, irrevocable, and worldwide license to use the Content that you post on or through the Service in any manner.

DMCA Copyright Policy

We respect the intellectual property rights of others and expect users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information as set forth in The Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3):

  • a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  • identification of the copyrighted work claimed to have been infringed;
  • 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 us to locate the material;
  • your contact information, including your address, telephone number, and an email address;
  • a statement by you that you have 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
  • a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our DMCA designated copyright agent for notice of alleged copyright infringement appearing on the Service is:


Scribble Tone LLC

Attn: Copyright Agent

2937B NE Glisan St
Portland, OR 97232
copyright@notchftw.com

Disclaimers and Limitations of Liability

SCRIBBLE TONE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, THAT MAY ARISE IN CONNECTION WITH THE SERVICE OR CONTENT. SCRIBBLE TONE’S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO SCRIBBLE TONE BY YOU.

THE SERVICE IS PROVIDED “AS IS”. SCRIBBLE TONE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Indemnity

You agree to indemnify Scribble Tone against any complaints, charges, claims, damages, losses, costs, liabilities, and expenses, including attorneys’ fees and costs incurred in the settlement or avoidance of any such claim, resulting from or arising in connection with: (i) your access to or use of the Service; (ii) your Content; and (iii) your breach of these Terms.

Termination

You may terminate these Terms at any time by deactivating your accounts and discontinuing your use of the Service. If you stop using the Service without deactivating your accounts, we may deactivate your accounts due to prolonged inactivity. We may suspend or terminate your accounts or cease providing you with all or part of the Service at any time.

General Terms

These Terms constitute the entire agreement between the parties with respect to the Services and supersedes all prior understanding, whether written or oral. Except as provided in these Terms, no term or condition of the Terms may be amended or deemed waived, except by a writing signed by the parties that refers to the Terms. If any term or part of a term of the Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect. You shall not transfer or assign these Terms or any right or obligation in these Terms without the prior written consent of Scribble Tone. These Terms will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict of laws principles. Any claim arising out of these Terms, including tort claims, must be resolved in Multnomah County, Oregon.

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