Welcome to Scriber!
These Terms of Service (“Terms”) are part of the overall contract between you (“you”) and Scriber, LLC (“we,” “us” or “ours”).
The Posts you receive are personal to you, and you violate the Agreement by sharing Posts with anyone else. Any URL links you receive to Posts are also personal to you, and contain data associated with your phone number. Sharing a Post (or your URL link to a Post) violates the Agreement, and may disclose your phone number to anyone receiving your Post.
You may always receive a copy of these Terms by texting “TOS” to Scriber, and can contact us at [email protected] if you have any questions or concerns regarding Scriber or the Agreement. Your carrier may charge messaging rates on any text messages you exchange with Creators or us.
You represent that you are a resident of the United States and have a valid U.S. phone number. You also represent that you are 18 or otherwise of legal age to form a binding contract in your jurisdiction (or if not, that you have received your parent’s or guardian’s permission to use Scriber and that your parent or guardian has agreed to the Agreement on your behalf).
Please note that Section 11(d) contains an arbitration clause and a class action waiver. You may opt-out of arbitration within 30 days of receiving the Terms by texting “NO ARB” to Scriber.
If you do not agree to any part of the Agreement, you must not use Scriber.
1. Subscribing To Posts From Creators
a. To begin a Subscription, you must first send Scriber a text message from your phone number to the telephone number associated with the Creator whose Posts you wish to subscribe to. Scriber will send you a text message with a link to create your Subscription on our online platform, and you must complete payment for your Subscription through our third-party payment processor (“Payment Processor”).
b. Creators set the costs of their Subscriptions. Our Payment Processor may assess certain fees on Subscription purchases. We receive payments from Creators to provide their Posts through Scriber to their subscribers.
c. Your use of our Payment Processor, and the other third-party platforms and services we use to fulfill Subscriptions and provide Scriber, is governed by those third parties’ contractual terms (collectively, “Third Party Terms”). You acknowledge that we have no control over, and are not a party to, such Third Party Terms as they apply to you.
d. Once your Subscription is processed, you will receive Posts from the Creator you subscribed to. Your Subscriptions will generally be for 30-day periods of time, and will automatically renew at or just prior to the end of each period using the payment method on file with our Payment Processor, unless you cancel your Subscription prior to the end of the then-current period. You may cancel a Subscription at any time by texting “CANCEL” to Scriber.
e. Please note, however, that cancellations are effective at the end of the current Subscription period. We do not issue refunds, prorated or otherwise, for Subscriptions canceled prior to the end of the Subscription period. You will continue to be able to access Posts until the end of your Subscription period.
f. Please contact us if you believe that any Creator you subscribe to is no longer uploading Posts. We will offer refunds on a case-by-case basis for any Subscription periods when a Creator does not meet its minimum activity requirements under the terms of our agreement with that Creator.
g. You will ensure that a valid and current payment method is available for payment of such fees. We will cancel your Subscription if our Payment Processor is unable to process payment using your existing payment information.
h. Unless otherwise stated at the time you authorize payment, all fees and other amounts under these Terms are exclusive of taxes and similar assessments. However, you acknowledge and agree that Scriber may collect taxes on Subscriptions on Creators’ behalf in the future.
2. Using Scriber
a. You are responsible for all your activity in connection with Scriber. This includes the accuracy of information you provide through Scriber, the choice to purchase a Subscription, and the messages you send through Scriber. Most importantly, you represent and warrant that you will not use Scriber that in any way violates applicable law, Third Party Terms or our Acceptable Use Policy.
b. In addition, you must not: (i) share Posts, or any part of Posts, with any other person, service, website or app; (ii) share non-public Scriber features or content with any third party; (iii) use Scriber in any way that harms its integrity, functionality or security, (iv) modify or copy any of its features, functions or graphics; or (v) access Scriber in order to build a competitive product or service.
c. All Posts you receive are personal to you. If you receive a URL link to a Post, the URL link includes data associated with your phone number. Any sharing of your URL link to a Post violates these terms, and may expose your phone number to anyone receiving your URL link.
d. Violation of these restrictions may result in suspension or termination of your access to Scriber or criminal or civil liability. Scriber may monitor your conduct, including, without limitation, reviewing messages to determine whether you are violating the Agreement.
3. Scriber’s Limitations
a. Creators, not Scriber, control the frequency, duration, quality and nature of the content they upload to Scriber for dissemination as Posts. Our role is solely to use commercially reasonable efforts to ensure that the content of Posts do not violate the Acceptable Use Policy or any other agreement between us and the Creators. Creators may even stop providing new Posts during a Subscription period, (though, as noted in Section 1(f), please contact us if you believe a Creator has stopped uploading Posts entirely). Accordingly, we make no representations or warranties about the content, frequency, duration, quality or nature of Posts.
b. We do not and cannot guarantee that you will receive messages or Posts through Scriber. We don’t control the transmittal of Posts through mobile phone networks or to your mobile phone. You are responsible for ensuring that you have a functioning mobile phone and an active subscription to a mobile phone network.
c. If you change your mobile phone number, you must cancel your Subscriptions first, and resubscribe using your new number. Please contact us at [email protected] if you have changed your mobile phone number and believe your Subscriptions have not been canceled.
d. Posts may contain information, links or connections related to third-party goods or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, accuracy, privacy practices or information expressed in any outside website or related to outside goods or services. You release and hold us harmless from any and all liability arising from your engagement, purchase or use of any third-party goods or services.
4. Special Rules About Messaging To Phone Numbers
a. In sending text messages to your phone, we make every effort to comply with laws about texts, including the Telephone Consumer Protection Act (“TCPA”). For example, the TCPA requires that we obtain your prior written consent before sending you a text message.
b. Without limiting our responsibilities, you agree that:
i. when you text us, you give us consent to text you back;
ii. this consent will continue until you opt out of receiving messages and Posts by texting “STOP” to Scriber;
iii. in the event that you withdraw consent to receive text messages to your mobile phone number you will no longer receive Posts but you will not be refunded any payments for any Subscriptions that you have already paid; and
iv. you are solely responsible for any charges imposed by your carrier to receive and send messages and Posts using your mobile phone.
5. Intellectual Property
a. We grant you – and only you – a limited, non-exclusive, non-transferable license to use Scriber and access Posts made available through your Subscriptions, only in accordance with these Terms. You may not republish, distribute, assign, sublicense, sell or prepare derivative works or other uses of Posts.
b. You agree that Scriber and Posts are protected by intellectual property laws, and that any unauthorized use of Scriber or distribution of Posts may violate those laws as well as these Terms.
c. Our Copyright Infringement Policy describes how we handle copyright use issues and can be used to notify us of any copyright disputes.
7. Term and Termination
a. The term of this Agreement begins on the date you first purchase a Subscription and will continue until the end of the last monthly period of your Subscription(s).
b. Scriber is free to terminate (or suspend access to) your use of Scriber, or any of your Subscriptions, for any reason specified in these Terms, or for any other reason, at any time, at our sole discretion.
8. Comments and Feedback
a. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent by you to Scriber are our exclusive property. By submitting Comments, you assign any and all intellectual property rights in the Comments to us. Any Comments submitted to the Creator are governed by the Creator’s terms and conditions.
9. Warranties and Disclaimers By Scriber
a. Except as stated elsewhere in these Terms, Scriber and Posts are provided “as is” without warranty of any kind. To the fullest extent permitted by law, Scriber disclaims all warranties, whether express or implied, including the warranties of merchantability, title, non-infringement of third parties’ rights, or fitness for a particular purpose.
b. By sending/receiving text messages through Scriber, you understand that some Posts or messages may not be delivered due to various technical, network, and/or other reasons. Scriber is not responsible or liable for undelivered Posts or messages.
c. Use of Scriber or the transmission of messages through Scriber is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through Scriber shall create any warranty not expressly stated in these Terms.
d. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.
10. Limitation Of Liability
a. Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of this Agreement for:
b. Any indirect, special, incidental, or consequential damages of any kind, or
c. Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with your use of Scriber in the three-month period preceding the applicable claim.
a. Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Scriber, its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (i) your use of Scriber (including any actions taken by a third party using your access to Subscriptions), and/or (ii) your violation of this Agreement or of law. In the event of such a claim, suit, or action, we will notify you using the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
b. Modifications of Terms: We may modify this Agreement at any time, and such modifications, additions or deletions will be effective immediately upon posting as indicated by the “Last Updated” date at the top of this document. Although we will endeavour to notify you of material changes, your use of Scriber after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
c. Modifications of Services: We may change or discontinue any aspect, service or feature of Scriber at any time, in our sole discretion.
d. Arbitration: Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by binding arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of JAMS, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures. Judgment on any arbitral award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Los Angeles County, California. The prevailing party in any action or proceeding arising out of this Agreement will be entitled to an award of costs and attorneys’ fees. To the fullest extent permitted by law, the parties agree that all claims against one another can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. The parties agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party’s claim.
e. Choice of Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.
f. No Third-Party Beneficiaries: The parties agree there are no third-party beneficiaries intended under this Agreement.
g. No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Scriber, LLC.
h. Waiver: The failure of either party to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
i. Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.
j. Entire Agreement: This Agreement is the complete and exclusive statement of the mutual understanding between the parties as to its subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating thereto.
k. Force Majeure: in no event will we be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under the Agreement, to the extent such failure or delay is caused by any circumstances beyond Scriber’s reasonable control.