Web Site Terms of Use
Scratchpad Creative Inc. ("Scratchpad") operates this web site (the "Site") to provide online access to information about Scratchpad and the products, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement". Scratchpad reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
If you disagree with any of these Terms of Use, do not use this web site.
Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Scratchpad products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Scratchpad reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
Copyright
The Site and the Content are protected by Canadian and/or foreign copyright laws, and belong to Scratchpad or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Scratchpad or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Scratchpad, for example in certain password-restricted areas of the Site). You may not manipulate or alter in any way images or other Content on the Site.
Privacy Policy
You acknowledge that you have read the Scratchpad Site Privacy Policy (as it may be updated from time to time) and hereby consent to the collection, use and disclosure by Scratchpad of your personal information for the purposes identified therein.
Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Scratchpad of the third party, the third-party web site, or the information contained therein. Scratchpad is not responsible for the availability of any such web sites. Scratchpad is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Scratchpad affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
Downloading Files
Scratchpad cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Software
Any software available for download via the Site is the copyrighted work of Scratchpad and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Scratchpad, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Anti-Spam Policy
You acknowledge that you have read the Scratchpad Site Anti-Spam Policy (as it may be updated from time to time).
Governing Law
Scratchpad controls the Site from Quesnel, British Columbia, Canada. The Terms of Use of the Site are governed by the laws of British Columbia and the laws of Canada that apply in British Columbia. By using the Site you are deemed to accept being governed by them as well. You agree that any action at law or in equity arising out of or relating to these disclaimers, terms and conditions will be filed only in the courts located in the province of British Columbia, and you hereby consent and submit to the exclusive and personal jurisdiction of such courts for the purpose of litigating any such action.
Limitations of Liability
The information on our Site is provided on an "as is" and/or "as available" basis. You agree that the use of the Site is at your sole risk. Scratchpad disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Scratchpad do not warrant that our Site will always be available, access will be uninterrupted, be error free, meet your requirements, or that any defects in our Site will be corrected.
Information on our Site should not necessarily be relied upon and should not be construed to be professional advice from Scratchpad. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Site shall discontinue using the Site.
Under no circumstance will Scratchpad be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Scratchpad Site, your Site use, or the content, even if advised of the possibility of damages.
General
Scratchpad may amend the Terms of Use or its Privacy Policy at any time. Accordingly, you should periodically re-visit the Terms of Use to review the then-current Site Terms of Use governing your use of the Site. If changes are made, they will become effective immediately. Certain portions of the Site Terms of Use may be superseded by terms of other contracts between you and Scratchpad. If any part of these Terms of Use is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining disclaimers, terms and conditions. Scratchpad reserves the right at any time to begin charging for access to the Site and its Services.
How to Contact Scratchpad
Any questions or concerns about these Terms of Use should be brought to our attention. Please contact Scratchpad to provide information relating to your concern.
Date of Last Modification: March 15, 2014