THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF OCTOBER 1st, 2020.
Acceptance of Terms
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with ScribeCount LLC (ScribeCount) and our subsidiaries and affiliates, in association with the use of the ScribeCount website, which includes www.scribecount.com, and its services, which shall be defined below.These are the Terms and Conditions governing the use of ScribeCount and the agreement that operates between the subscriber to the service and the company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the service.
Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the service.By accessing or using our service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access ScribeCount or its services.You represent that you are over the age of 18. ScribeCount does not permit those under 18 to use the service.
ScribeCount is available only with a paid subscription. All subscribers will be billed in advance on a recurring monthly basis dependent and defined by their reported income from the month prior.At the end of each period the subscription will automatically renew under the exact same conditions unless canceled by the subscriber or ScribeCount.
Subscribers may cancel their subscription renewal by contacting the company via the support portal at email@example.com and requesting cancellation of their subscription, or by accessing the “Cancel my Subscription” link located at the bottom of every webpage and Mobile Application page. Subscribers will not receive a refund for any fees already paid for their current subscription period and will be able to access the service until the end of their current subscription period.If the subscription has been made through an In-app Purchase, the subscriber can cancel the renewal of their subscription with the Application Store.
Subscribers shall provide ScribeCount with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method.Should automatic billing fail to occur for any reason, the company will issue an electronic invoice indicating that the subscriber must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.If the subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
ScribeCount, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period.ScribeCount will provide all subscribers with reasonable prior notice of any change in subscription fees to give subscribers an opportunity to terminate their subscription before such change becomes effective.A subscribers’ continued use of the service after the subscription fee change comes into effect constitutes their agreement to pay the modified subscription fee amount.
Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by the company on a case-by-case basis and granted at the sole discretion of ScribeCount. If the subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If a subscriber wishes to request a refund, they may do so by contacting the Application Store directly.
ScribeCount may, at its sole discretion, offer a subscription with a free trial for a limited period of time. Subscribers will not be required to enter their billing information in order to sign up for the free trial. On completion of the free trial period you will be prompted to enter your billing information to continue use of the service. From that date you will be automatically charged the applicable subscription fee on a recurring monthly basis. At any time and without notice, ScribeCount reserves the right to: (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.
Placing Orders for Goods
By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.
If you wish to place an Order for Goods available on the service, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to FuseBill, our payment processing third party, for purposes of facilitating the completion of your order.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in your order
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and our Returns Policy. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel your order. Your right to cancel an order only applies to goods that are returned in the same condition as you received them. You should also include all of the products instructions, documents, and wrappings. Goods that are damaged or not in the same condition as you received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased goods while they are in your possession.We will reimburse you no later than 30 days from the day on which we receive the returned goods. We will use the same means of payment as you used for the order, and you will not incur any fees for such reimbursement.
You will not have any right to cancel an order for the supply of any of the following Goods:
- The supply of goods made to your specifications or clearly personalized.
- The supply of goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.
Availability, Errors and Inaccuracies
At ScribeCount we are constantly updating our offerings of goods and services. The goods available on our service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods on the service and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
ScribeCount reserves the right to revise its prices at any time prior to accepting an order or subscription. The prices quoted may be revised by the company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the company. In that event, you will have the right to cancel your order or subscription.
All goods or services purchased are subject to a one-time payment or a recurring payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order or subscription
The Application may include In-app Purchases that allow you to buy products, services, or subscriptions. More information about how you may be able to manage In-app Purchases using your device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings. In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions. If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
When you create an account with ScribeCount, you must provide ScribeCount information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account with ScribeCount. You are responsible for safeguarding the password that you use to access ScribeCount and for any activities or actions under your password, whether your password is with ScribeCount or a Third-Party Social Media Service.
You agree not to disclose your password to any third party. You must notify ScribeCount immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
ScribeCount allows subscribers to post content. You are responsible for the content that you post to the service, including its legality, reliability, and appropriateness. By posting content to ScribeCount, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the service. You retain any and all of your rights to any content you submit, post or display on or through the service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your content available to other users of the service, who may also use your content subject to these terms.
You represent and warrant that: (i) the content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
ScribeCount is not responsible for the content of the service’s users. You expressly understand and agree that you are solely responsible for the content and for all activity that occurs under your account, whether done so by you or any third person using your account. Subscribers may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including ScribeCount and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
ScribeCount reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with these Terms. ScribeCount reserves the right to refuse or remove this content. ScribeCount further reserves the right to make formatting edits and any other change in the manner of any content. ScribeCount can also limit or revoke the use of the service if you post such objectionable content. As ScribeCount cannot control all content posted by users and/or third parties on the service, you agree to use the service at your own risk. You understand that by using the service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will ScribeCount be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
BE IT KNOWN, that ScribeCount LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.scribecount.com
Intellectual Property Infringement
ScribeCount respects the intellectual property rights of others. It is our policy to respond to any claim that content posted on the service infringes a copyright or other intellectual property infringement of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the service, you must submit your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the service where the material that you claim is infringing is located.
- your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, ScribeCount will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the service.
ScribeCount and its original content (excluding content provided by subscribers or other users), features and functionality are and will remain the exclusive property of ScribeCount and its licensors. ScribeCount is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ScribeCount.
Your Feedback to Us
You assign all rights, title, and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
Links to Other Websites
ScribeCount and its various features, publications, communications, and advertising, may contain links to third-party web sites or services that are not owned or controlled by the Company. ScribeCount has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. ScribeCount strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Subscribers may terminate or suspend their account/subscription at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may do so by utilizing the “Cancel my Subscription” link at the bottom of the home page, or by contacting ScribeCount via the firstname.lastname@example.org email address. ScribeCount will make a reasonable effort to terminate your account within 48hrs of receiving the notice.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to the subscriber “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ScribeCount, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither ScribeCount nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of the company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the United States, excluding its conflicts of law rules, shall govern these terms and your use of the service. Your use of the application may also be subject to other local, state, national, or international laws.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company. It is at the mutual agreement of both you and ScribeCount LLC, with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms of Service, or the relationship between you and ScribeCount LLC, shall be filed within the courts having jurisdiction within the County of Sarasota Florida or the U.S. District Court located in said state. You and ScribeCount LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If you are a U.S. federal government end user, our service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
No Right of Survivorship/ Non-Transferability
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
These Terms and Conditions may have been translated if ScribeCount has made them available to you on our service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use ScribeCount after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service.
Statute of Limitations
Subscribers acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
If you have any questions about these Terms and Conditions, you can contact us: