Terms of service

User’s Acknowledgment and Acceptance of Terms

Scrunch LLC (“Us,” “We,” or “Scrunch,”) provides the scrunch.com website (the “Website”), Scrunch’s application program interfaces and related materials (the “API”) and all software and various related services (collectively, the “Platform”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement between us and you. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

You are permitted to use the Platform, only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Platform in any medium without Scrunch’s prior written authorization except as permitted through the Platform’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Platform; (6) Don’t collect any personally identifiable information, including full names, physical addresses, or e-mail addresses, for commercial purposes; (7) Acknowledge that you will not use the API or the Platform in any manner that violates the rights of any person, including but not limited to intellectual property rights, rights of privacy or rights of publicity; and (8) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, by using the Platform, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. The Platform is not available to users who have had their user account temporarily or permanently deactivated.

YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE PLATFORM NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PLATFORM.

In these Terms of Service, we use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. As used in these Terms of Service, “User(s)” refers to any individual using the Platform, “Manager(s)” refers to any campaign manager that a User engages through the Platform, and “Influencer(s)” refers to content creators who may be engaged by companies and/or individuals looking for marketing, advertising, and related services (referred to as “Businesses”).

Overview of our Services

Scrunch is an Influencer Marketing Platform that connect brands and agencies to a global database of influencers. The Platform enables brands to understand the data on each influencer to identify the right selections for their campaigns. Additionally the Platform features a campaign management tool to help users run an end to end influencer marketing campaign. Scrunch also provides a managed service layer on the Platform and Data/API access for users looking to stream information out of the Platform to their own applications.

Account Information and Security

When you register, you provide us with some basic information, such as a phone number or email address. Keep your email address and other account information current and accurate. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your account credentials with others. If someone is using your account, notify us immediately.

Vetting of Users

Influencers may be subject to a vetting process before using the Platform, including Scrunch contacting the Influencers directly, or informally through other methods. Scrunch does not vet Businesses. Although Scrunch may vet Influencers and Managers, it cannot guarantee the accuracy or the identity of any User or anyone who uses the Platform. Accordingly, Scrunch cannot and does not assume any responsibility or liability for improper vetting or failing to vet a User of the Platform, the accuracy of any background check or vetting of any User, nor for the conduct of anyone who uses the Platform.

SCRUNCH, NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF SCRUNCH AND YOU HEREBY RELEASE SCRUNCH AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. SCRUNCH AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF SCRUNCH.

Feedback

We always appreciate feedback and are always on the lookout for ways to improve Scrunch. For feedback, comments, questions, or concerns, you can contact us at support@scrunch.com and we will return you e-mail at the soonest opportunity possible.

Payment

Scrunch requires a “Payment Method” for certain paying Users of the Platform. Payment Methods currently include most types of credit card and electronic funds transfer through invoice. Scrunch reserves the right to change and expand its payment options. Users acknowledge that in order to use, and to continue to use, any paid service of the Platform, a valid Payment Method must be provided to Scrunch. By entering a Payment Method into the Platform, Users acknowledge they are legally authorized to access that Payment Method. If a Payment Method is declined or fails, Users acknowledge they are responsible for any payments owed by other payment means.

Guarantee and Warranty

Use of the Platform is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Scrunch expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Scrunch makes no warranty or guarantee that the Platform will be uninterrupted, timely, secure, or error-free. Scrunch does not warrant the quality or accuracy of any deliverables provided and/or services rendered by its Users and does not warrant that any such deliverables and services will be provided and/or rendered in a timely or professional manner. By using the Platform, Users hereby understand and acknowledge that any agreements and services performed by Users are between those Users only, and that Scrunch is not a party to any agreement between the Users. Scrunch will take no responsibility for any deliverables provided and/or services rendered in connection with these services, or for any breach of contract. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

Release

In the event that you have a dispute with a user of the Platform, including with an Influencer, or one of the Businesses, you agree to release Scrunch (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Platform or participation in the Services. Additionally, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other users.

Limitation of Liability

IN NO EVENT WILL SCRUNCH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE PLATFORM OR ANY USE OF THE PLATFORM, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE PLATFORM, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SCRUNCH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Agreement to Arbitrate All Disputes and Legal Claims (For U.S. Users)

Should a dispute arise between you and Scrunch, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The party electing arbitration must initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim or potential claim that cannot be resolved informally shall be submitted to binding arbitration in the state in which the services were performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SCRUNCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Choice of Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

Termination of Service

Scrunch may terminate your privilege to use or access the Platform immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Platform and agree not access or make use of, or attempt to use, the Platform. Furthermore, you acknowledge that Scrunch reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Platform. You understand that Scrunch may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Scrunch.

All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Platform, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

Cancellation of campaigns

Any quote that is approved on the Platform, invoiced and paid will constitute a binding agreement between the User and Influencer. Any cancellation after this point will incur a 30% cancellation charge on the invoiced amount to compensate the Influencer and Scrunch for work performed. On cancellation a credit note will be provided and the remainder of the campaign fee refunded to the User.

Content

The Platform may contain personal web pages or profiles, forums, review and ratings sections, message boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Platform. If you voluntarily disclose personal information (e.g., user name, email address, personal information) on the Platform, such as in a review, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We strongly advise that you not post any personal or other sensitive information on the Platform. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Scrunch, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Additionally, we have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for Scrunch.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS SCRUNCH AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SCRUNCH/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Intellectual Property

The entire content and materials contained on the Platform, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Platform and other intellectual property (the “Content”) are owned by or licensed to Scrunch to the fullest extent under the copyright laws of Australia, the United States, and other countries. Images of people or places displayed on the Platform are either the property of, or used with permission by, Scrunch. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with Scrunch. We may redesign the Platform in our sole discretion at any time.

Restrictions on Use

You may not use the Platform or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Scrunch. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Scrunch’s prior written consent.

Modification of Scrunch’s content is a violation of the copyrights and other proprietary rights of Scrunch or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Scrunch. The Platform and the information contained therein may not be used to construct a database of any kind. The Platform and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Scrunch or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Scrunch’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Scrunch or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Scrunch is intended or created by this Agreement. A User, Professional, or Member is not Scrunch’s representative or agent, and may not enter into an agreement on Scrunch’s behalf.

Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:

SCRUNCH LLC
PO Box 5183
West End, Queensland
Australia 4101

Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located on the Service;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Scrunch will promptly terminate without notice the accounts of Users that are determined by Scrunch to be “Repeat Infringers.” A Repeat Infringer is a User who has been notified of infringing activity or has had user content removed from the Platform at least twice.

Links to Other Sites and Materials

As part of using the Platform, Scrunch may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Scrunch has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Scrunch, and Scrunch is not responsible for any Third Party Sites accessed through the Platform or any Third Party Applications, Software, or Content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Scrunch. If you decide to leave the Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.

Privacy

Scrunch’s current privacy policy is available on the Platform and at our Website (the “Privacy Policy”), which is incorporated by this reference. In accordance with the Privacy Policy, we may collect information about the location of your device each time you use the, or when you otherwise consent to the collection of this information. We strongly recommend that you review the Privacy Policy closely.

Electronic Communications

The communications between you and Scrunch use electronic means, whether you use the Platform or send us emails, or whether Scrunch posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Scrunch in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Scrunch provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Notice

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Scrunch or any of its officers, employees, agents or representatives in any situation where notice to Scrunch is required by contract or any law or regulation.

Any such notice must be sent to:

SCRUNCH LLC
PO Box 5183
West End, Queensland
Australia 4101

Under California Civil Code Section 1789.3, California users of the Platform receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

Changes and Amendments to Terms

These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Platform with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Scrunch to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Scrunch may assign or delegate these Terms of Service and/or Scrunch’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Scrunch’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE USER AGREEMENT AND PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.


Last Modified: 20.10.17