Thanks for choosing Scatzy.com (“Scatzy.com”, “we”, “us”, “our”). By signing up or otherwise using the Scatzy.com service, websites, and software applications (together, the “Scatzy.com Service” or “Service”), or accessing any content or material that is made available by Scatzy.com through the Service (the “Content”) you are entering into a binding contract with the Scatzy.com entity indicated at the bottom of this document. The Scatzy.com Service also includes the Scatzy.com Support Community as further described in the Scatzy.com Support section.
The Scatzy.com Service includes social and interactive features. Use of the Scatzy.com Service relies on several technical requirements.
Please read the Agreements carefully. They cover important information about Scatzy.com Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Scatzy.com Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Scatzy.com is true, accurate, and complete, and you agree to keep it that way at all times.
2 Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.
3 Enjoying Scatzy.com
Here’s some information about all the ways you can enjoy Scatzy.com.
3.1 Our Services & Pay per View and Paid Subscriptions
Scatzy.com provides streaming services offering a selection of movies, music and other content. Certain Scatzy.com services are provided to you free-of-charge. Other Scatzy.com services require payment before you can access them. The Scatzy.com services that may be accessed after payment are currently referred to as the “Premium Service” ( “Paid Subscriptions”). The Scatzy.com service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
The Unlimited Service may not yet be available to all users. We will explain which services are available to you when you are signing up for the services.
Note that an Unlimited Service may be introduced in the future, in which case you will have to re-subscribe and will then be charged for the Service on a monthly basis.
3.2 Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Scatzy.com for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Scatzy.com reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE ADDITIONAL USE OF OUR SERVICE, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SCATZY.COM WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
4 Rights we grant you
The Scatzy.com Service and the Content are the property of Scatzy.com or Scatzy.com’s licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Scatzy.com Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Scatzy.com. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Scatzy.com Service or the Content.
The Scatzy.com software applications and the Content are licensed, not sold, to you, and Scatzy.com and its licensors retain ownership of all copies of the Scatzy.com software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Scatzy.com trademarks, service marks, trade names, logos, domain names, and any other features of the Scatzy.com brand (“Scatzy.com Brand Features”) are the sole property of Scatzy.com or its licensors. The Agreements do not grant you any rights to use any Scatzy.com Brand Features whether for commercial or non-commercial use.
You agree to abide by our Users Guidelines and not to use the Scatzy.com Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Scatzy.com grants no right, title, or interest to you in the Scatzy.com Service or Content.
Third party software (for example, open source software libraries) included in the Scatzy.com Service are licensed to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.
5 Third Party Applications
The Scatzy.com Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Scatzy.com does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6 User-Generated Content
Scatzy.com users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, movies, music, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Scatzy.com Support Community as well as any other part of the Scatzy.com Service.
You promise that, with respect to any User Content you post on Scatzy.com, (1) you have the right to post such User Content, and (2) such User Content, or its use by Scatzy.com as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Scatzy.com or any content provider or distributor, entity or individual without express written consent from such individual or entity.
Scatzy.com may, but has no obligation to, monitor, review, or edit User Content. In all cases, Scatzy.com reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Scatzy.com’s sole discretion, violates the Agreements. Scatzy.com may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Scatzy.com is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SCATZY.COM RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SCATZY.COM HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7 Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Scatzy.com Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Scatzy.com Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Scatzy.com may contain advertising as part of the Content. In such cases, Scatzy.com will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Scatzy.com in connection with the Scatzy.com Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Scatzy.com to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Scatzy.com a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8 User guidelines
Scatzy.com respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Scatzy.com stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
• copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Scatzy.com Service or the Content, or otherwise making any use of the Scatzy.com Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Scatzy.com Service or the Content or any part of it;
• using the Scatzy.com Service to import or copy any local files you do not have the legal right to import or copy in this way;
• transferring copies of cached Content from an authorized Device to any other Device via any means;
• reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Scatzy.com Service, Content or any part thereof unless permitted by applicable law;
• circumventing any technology used by Scatzy.com, its licensors, or any third party to protect the Content or the Service;
• selling, renting, sublicensing or leasing of any part of the Scatzy.com Service or the Content;
• circumventing any territorial restrictions applied by Scatzy.com or it licensors;
• artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
• removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Scatzy.com Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
• providing your password to any other person or using any other person’s username and password;
• “crawling” the Scatzy.com Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Scatzy.com; or
• selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
Please respect Scatzy.com, the owners of the Content, and other users of the Scatzy.com Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
• is offensive, abusive, defamatory, pornographic, threatening, or obscene;
• is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Scatzy.com or a third party;
• includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
• includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
• is intended to or does harass or bully other users;
• impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
• uses automated means to artificially promote content;
• involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Scatzy.com inbox;
• involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Scatzy.com;
• links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Scatzy.com;
• interferes with or in any way disrupts the Scatzy.com Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Scatzy.com’s computer systems, network, usage rules, or any of Scatzy.com’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
• conflicts with the Agreements, as determined by Scatzy.com.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Scatzy.com account. You also agree that Scatzy.com may also reclaim your username for any reason.
Please be thoughtful about how you use the Scatzy.com Service and what you share. The Scatzy.com Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Scatzy.com or across the web, so please use Scatzy.com carefully and be mindful of your account settings. Scatzy.com has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9 Infringement and reporting User Content
Scatzy.com respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see our copyright policy. If Scatzy.com is notified by a copyright holder that any Content infringes a copyright, Scatzy.com may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Scatzy.com with a request to restore the removed content.
10 Service limitations and modifications
Scatzy.com will make reasonable efforts to keep the Scatzy.com Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Scatzy.com reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Scatzy.com Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Scatzy.com Service or any function or feature thereof.
You understand, agree, and accept that Scatzy.com has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Scatzy.com and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
11 Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit an e-mail to our customer service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
12 Export control
Scatzy.com’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Scatzy.com under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
13 Payments, cancellations, and cooling off
Paid Subscriptions will in future be purchased either by (1) paying a monthly subscription fee; or (2) currently pre-payment giving you access to the Scatzy.com Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription, Trial, or Code online in the future, you consent to get access to Scatzy.com Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Scatzy.com at any time during the Cooling-off Period.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Scatzy.com (or to a third party through whom you purchased the Paid Subscription, such as a telephone company) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Scatzy.com during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.
Please therefore make sure you read any such notification of price changes carefully.
14 Term and termination
The Agreements will continue to apply to you until terminated by either you or Scatzy.com. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Scatzy.com may terminate the Agreements or suspend your access to the Scatzy.com Service at any time, including in the event of your actual or suspected unauthorised use of the Scatzy.com Service and/or Content, or non-compliance with the Agreements. If you or Scatzy.com terminate the Agreements, or if Scatzy.com suspends your access to the Scatzy.com Service, you agree that Scatzy.com shall have no liability or responsibility to you and Scatzy.com will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
15 Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SCATZY.COM SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SCATZY.COM SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCATZY.COM AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SCATZY.COM NOR ANY OWNER OF CONTENT WARRANTS THAT THE SCATZY.COM SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SCATZY.COM MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SCATZY.COM SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT SCATZY.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SCATZY.COM SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SCATZY.COM SHALL CREATE ANY WARRANTY ON BEHALF OF SCATZY.COM IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SCATZY.COM SERVICE IS TO UNINSTALL ANY SCATZY.COM SOFTWARE AND TO STOP USING THE SCATZY.COM SERVICE. WHILE SCATZY.COM ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SCATZY.COM, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCATZY.COM, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SCATZY.COM SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SCATZY.COM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SCATZY.COM SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SCATZY.COM DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Scatzy.com’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
17 Third party rights
You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Scatzy.com, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
18 Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Scatzy.com, the Agreements constitute all the terms and conditions agreed upon between you and Scatzy.com and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Scatzy.com Service may be governed by additional agreements. That could include, for example, access to the Scatzy.com Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
19 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Scatzy.com or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Scatzy.com’s or the applicable third party beneficiary’s right to do so.
Scatzy.com may assign the Agreements or any part of them, and Scatzy.com may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Scatzy.com harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Scatzy.com Service; and (4) your violation of any law or the rights of a third party.
22 Choice of law, mandatory arbitration and venue
22.1 Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Further, you and Scatzy.com agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. Scatzy.com does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
22.2 CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SCATZY.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Scatzy.com agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 22.3. is enforceable, the following mandatory arbitration provisions apply to you:
22.3.1 Dispute resolution and arbitration
You and Scatzy.com agree that any dispute, claim, or controversy between you and Scatzy.com arising in connection with or relating in any way to these Agreements or to your relationship with Scatzy.com as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause (22.3.1) above, you and Scatzy.com both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, (2) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
22.3.3 Arbitration rules
Either you or we may start arbitration proceedings. If you are located in, are based in, have offices in, or do business in the United States, any arbitration between you and Scatzy.com will be finally settled under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by the Agreements. You and Scatzy.com agree that these Agreements affect interstate commerce, so the U.S. Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Scatzy.com can also help put you in touch with the AAA.
Any arbitration hearings will take place at a location to be agreed upon in Boston, California or New York, New York, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by Scatzy.com. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Scatzy.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and Scatzy.com will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Developer Terms, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles.
22.3.4 Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
22.3.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Scatzy.com’s address for Notice is: Scatzy.com, PO Box 68, Hopkinton, MA, 01748. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Scatzy.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Scatzy.com shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Scatzy.com shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Scatzy.com in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Scatzy.com shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that Scatzy.com makes any future change to this arbitration provision (other than a change to Scatzy.com’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Scatzy.com’s address for Notice, in which case your account with Scatzy.com shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver at Section 24.2 is found to be unenforceable in arbitration or if the entirety of this Section 24 is found to be unenforceable, then the entirety of this Section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising out of or related to the Agreements.
23 Contact us
If you have any questions concerning the Scatzy.com Service or the Agreements, please contact Scatzy.com customer service by visiting the About Us section of our website.
If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to Scatzy.com, Attn: General Counsel, PO Box 68, Hopkinton, MA, 01748 with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Thank you for reading our Terms. We hope you enjoy Scatzy.com!
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