Date of Last Revision: November 20, 2020
To contact us, please email email@example.com.
Terms of Sale.
We may update and change our Service from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
In California and the EEA (excluding the UK), 16 or older; or
In the rest of the world (including the UK), 13 or older.
Any registration by anyone under those ages in the applicable jurisdictions is unauthorized, unlicensed and in violation of this Agreement. By registering for the Service, you represent and warrant that you meet the age requirement set forth above and that you agree to and will abide by all of the terms and conditions of this Agreement.
If you choose to register, and you are provided with or create a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party, and you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account.
The Company may terminate your account, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.
dScryb, the dScryb logos, and any other product or service name, logo, or slogan used by dScryb, and the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of dScryb, and may not be used in whole or in part in connection with any product or service that is not dScryb’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits dScryb, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that dScryb may provide you from time to time.
All other trademarks referenced in the Service are the property of their respective owners. Reference on the Service to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
There are different rules for content that is submitted to dScryb, for Company Original Content, and for contributions to our discussions and chat forums, each of which are described below.
In all cases, you are solely responsible for all content, including but not limited to photos, profiles information, messages, comments, and other content that you upload, publish or display (hereinafter, “submit”) on or through the Service, or transmit to or share with other users. You may not submit content to the Service that you did not create or that you do not have the right to submit. You may not submit content that is not compatible with the license used by the applicable part of the Service to which you are submitting content. You understand and agree that others may, but are not obligated to, edit, delete or remove (without notice) any content from the Service, for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to permit the Company to copy, store, publish, display, and distribute your content via the Service.
The Service is not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Service or provide to us.
The license rules for text that is submitted to dScryb is set forth at our licensing page. You agree not to utilize dScryb in any manner that is contrary to the following guidelines:
• Be respectful of others;
• Be understanding of others;
• Be tolerant of others;
• Be protective of your personal information and privacy;
• Be respectful of the privacy of others;
• Provide attribution to others where necessary;
• Keep your account secure;
• Don’t do anything illegal on dScryb, or encourage others to;
• Don’t post hate speech;
• Don’t post pornographic content or explicit descriptions of sex (content that describes violent or non-consensual sex is expressly prohibited);
• Don’t pretend to be another person; and
• Don’t spam.
This list may be updated from time to time. In the case of non-text content that a user submits to the community, you agree that you have the right to submit such content, and that such content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
Articles, content, boxed text, and scenes that are created by the Company or one of its licensors (for example, Company-created content that appears on dscryb.com) (collectively, the “Company Original Content”) is the exclusive property of the Company and its licensors and is protected by copyright and intellectual property laws and treaties, and all rights are reserved. Such Company Original Content includes visual content such as videos, articles, boxed text, written scenes, photographs, music, graphics, and logos.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Company Original Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Company Original Content. Subject to the terms and conditions of this Agreement, Company provides you with a license to use the Company Original Content for your personal, noncommercial use only. Company may terminate this license at any time for any reason or no reason. Use of Company Original Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
We may provide opportunities to third parties (including community members) to submit an application to provide original content, which Company may approve or deny in its sole discretion. If such original content is accepted by Company, it shall be subject to the rules for Company Original Content that are set forth above and that a contributor may agree to as part of the application process.
The Company may also provide links to articles on third party websites, as set forth below under Disclaimers and Limitation of Liability. Because the Company has no control over such third party websites, the Company is not responsible for the availability of such websites and is not responsible for any content on such websites.
By submitting content (including comments) to our discussion or chat forums or creating or responding to quizzes, contests, or similar games, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display such submitted content (including comments, quizzes, and contests) in any medium and for any purpose, including commercial purposes, and to authorize others to do so (this license right includes the name, identity, likeness and voice you submit with such content). You agree that you have the right to submit any content (including comments, quizzes, and contests) you post, and that such content (including comments, quizzes, and contests) does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
Open Game License v 1.0a Copyright 2000, Wizards of the Coast, LLC. System Reference Document 5.1 Copyright 2016, Wizards of the Coast, Inc.; Authors Mike Mearls, Jeremy Crawford, Chris Perkins, Rodney Thompson, Peter Lee, James Wyatt, Robert J. Schwalb, Bruce R. Cordell, Chris Sims, and Steve Townshend, based on original material by E. Gary Gygax and Dave Arneson.
You agree not to:
• Abuse, harass, threaten or intimidate other dScryb users;
• Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, transphobia, ethnic slurs, religious intolerance, or encourages criminal conduct;
• Attempt to impersonate another user or person;
• Post any illegal or unauthorized content or use for any illegal or unauthorized purposes;
• Post or transmit any communication or solicitation designed or intended to obtain password, account, email address, or private information from any dScryb user;
• Post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, “spam”, or any other type of unauthorized solicitation;
• Solicit personal information from any user under the age of 18;
• Violate any laws in your jurisdiction (including but not limited to copyright laws and laws regarding online conduct and acceptable content);
• Post advertisements or solicitations of business;
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or content, features that prevent or restrict use or copying of any content accessible through the Service, or delete the copyright or other proprietary rights notices on the Service or user content;
• Except as expressly permitted by the Company (for example with respect to the use of text content that is submitted to the dScryb community as permitted as set forth at our licensing page), you may not modify, publish, transmit, reproduce, scrape, create derivative works from, distribute, perform, adapt, aggregate, sell, transfer or in any way exploit any of the content, in whole or in part; or
• Use any robot, spider, site search and/or retrieval application, or other device to scrape, extract, retrieve or index any portion of the content.
You further agree:
• To maintain the confidentiality of any password(s) associated with your use of the Service;
• To notify the company immediately in case of any unauthorized use of your account;
• Not to intentionally block, remove, or otherwise obstruct the proper functioning and view of advertisements, and/or user interface and functionality;
• Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment;
• Not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Not to use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission; and
• Not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the Service.
You will not:
• take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
• bypass any measures we may use to prevent or restrict access to the Service, including robot exclusion headers.
dScryb respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”), the Copyright Act, Revised Statutes of Canada, 1985, c. C-42, and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Service infringes upon your copyright, please contact our designated agent:
Attn: Copyright Agent
370 Bloor Street East Toronto, ON M4W 3M6
See our DMCA Request form (select “I have a copyright or trademark issue” as a category) for a guided form that will allow you to fill out the required elements of a DMCA takedown notice. You may also email the designated agent via firstname.lastname@example.org. Please include “Claim of copyright infringement” in the subject of your email. For clarity, only DMCA/copyright notices should go to the Copyright Agent.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to dScryb or its employees, you acknowledge and agree that dScryb shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
dScryb does not guarantee that any unauthorized copying, use or distribution of content submitted by you by third parties will not take place. In addition, dScryb is not responsible for the content or conduct, whether online or offline, of any user of the Service or other site or services that may be referenced, or linked to, in the Service.
You understand and acknowledge that by using the Service you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DSCRYB; (B) DSCRYB, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, AFFILIATES, PARTNERS, AND SUPPLIERS (“DSCRYB PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) NO DSCRYB PARTY REPRESENTS OR WARRANTS THAT CONTENT OR MATERIALS ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; AND (D) WHILE DSCRYB ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, NO DSCRYB PARTY CAN AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DSCRYB OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. DSCRYB DOES NOT AND CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL DSCRYB OR ANY DSCRYB PARTY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DSCRYB, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DSCRYB’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DSCRYB, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
YOU AND DSCRYB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Update: November 11, 2020
These Terms of Sale are subject to change without prior written notice, in dScryb’s sole discretion. If dScryb changes these Terms of Sale, and we provide notice, we may do so by sending an email, posting a notice on the Service or indicating a “Last Updated” date on these Terms of Sale. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchases made after such changes are posted on the Service. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Service.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
dScryb may offer certain Ancillary Products and Services in connection with the Service on a subscription basis with recurring payments (“Subscription Services”). Subscription Services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service. dScryb reserves the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification. You must affirmatively consent to the new payment terms in order to continue receiving the Subscription Services. If you do not affirmatively consent, your subscription will be cancelled. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.
You are responsible for all charges incurred under your account. dScryb reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
If you choose a Subscription Service (including any pre-paid subscription option, gift subscriptions, or subscription which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant dScryb permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access, or the gift recipient’s access, to the Subscription Services will not be established until dScryb has verified that the credit card or other payment information you provide dScryb for payment is accurate and that your payment method account is in good standing.
You further agree that dScryb may charge any other applicable fees for the Service or Ancillary Products and Services, if disclosed to you in connection with your purchase, to your payment method, including any early termination fee.
You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify dScryb if your selected payment method is cancelled (e.g., for loss or theft).
dScryb reserves the right to suspend or terminate your access to any Subscription Service that is a part of the Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to dScryb when dScryb believes you are liable for the charges.
You may choose not to renew your Subscription Service at any time. For Subscriptions Services, you may choose to not renew by selecting the “Do Not Renew” option under your subscription settings in the relevant Service or by contacting customer support via e-mail (e.g., email@example.com). Your cancellation is effective at the end of the current subscription term.
We do not offer any refunds or credits, including, without limitation, for fees for Subscription Services. dScryb reserves the right to modify this refund policy at any time.
We currently accept major credit cards, certain debit cards, PayPal and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize dScryb, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by dScryb.
PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any federal, state, and provincial laws and regulations. They may also communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase.
dScryb may impose an additional transaction fee based on transactions associated with Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.
Your purchase and enjoyment of Ancillary Products and Services may be subject to additional third-party legal terms. You are bound by such third-party legal terms and we encourage you to read them.
With respect to Ancillary Products and Services you purchase in connection with the Service, you acknowledge and agree that upon making such Ancillary Products and Services available to you (or to their intended authorized recipients), dScryb will have fully satisfied its obligation to deliver or otherwise provide such products, services or digital content, regardless of any failure or inability to use such products, services or digital content.
dScryb and its suppliers and licensors continually upgrade and revise the Service to provide you with new Ancillary Products and Services. dScryb may revise, discontinue or modify Ancillary Products and Services at any time without prior notice to you, and Ancillary Products and Services may become unavailable without notice. dScryb shall have no liability of any kind if an Ancillary Service that has been ordered is unavailable. If necessary, dScryb reserves the right to cancel an order or substitute an Ancillary Product or Service of equal or greater value when a product, service or digital content is unavailable.
We attempt to be as accurate as possible and eliminate errors on the Service; however we do not warrant that any Ancillary Products and Services or description, photograph, pricing or other information of a product, service or digital content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Service, in an order confirmation, in processing an order, delivering an Ancillary Product or Service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. dScryb reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Ancillary Products and Services credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
You are responsible for any applicable national, state or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your purchase of any products, services, or digital content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes or other fees on that transaction will be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and dScryb reserves the right to collect such taxes or other fees from you at any time.
THE SERVICE AND ANY ANCILLARY SERVICES OR ANY OTHER SERVICES MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
THE SERVICE AND ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DSCRYB AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS (“DSCRYB PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DSCRYB CANNOT GUARANTEE AND DOES NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR SERVICES. DSCRYB DOES NOT REPRESENT OR WARRANT THAT ANY ANCILLARY PRODUCTS AND SERVICES OR OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY ASPECT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by dScryb. Nothing in these paragraphs will operate to exclude or limit warranties or liabilities which may not be excluded or limited under applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DSCRYB OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT, EVEN IF DSCRYB IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DSCRYB’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO DSCRYB FOR THE ANCILLARY PRODUCT OR SERVICE FROM WHICH THE CLAIM AROSE, BUT IN NO CASE WILL THE DSCRYB’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO DSCRYB FOR THE ANCILLARY SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM DSCRYB, REGARDLESS OF THE CAUSE OF ACTION.
Please contact firstname.lastname@example.org
Effective Date: November 20, 2020
dScryb Inc. is a company registered in the Province of Ontario, Canada (corporate number and office are listed above).
We respect your right to privacy. Our overall aim is to ensure that our collection and use of personal information is appropriate to the provision of the Service for our users, and is in accordance with applicable data protection laws.
The categories of personal information we collect depend on how you interact with our Service, and the requirements of applicable law. Visitors are people who access the Service. Visitors include Registered Users who access the Service through their accounts and Non-Registered Users who access the Service without using an account. We recognize that many Visitors are Non-Registered Users.
You do not need to be a Registered User in order to access some information on the Service. Being a Registered User is only required for certain activities, such as favoriting a scene or adding notes to a scene. In addition, you must be a Registered User in order to view certain content and scenes.
Information You Provide to Us
Account Creation. When you create an account on the Service in order to become a Registered User, we collect information such as your username and password, valid email address, and date of birth. You may optionally provide us with additional information including your first and last names. Certain parts of the Service may require you to provide additional information, such as your postal mailing address, telephone number, and payment information. We refer to the information provided at account creation as “Registration Data.”
Visitors. We collect the information you provide when adding notes or other content to a page on the Service. We also collect information you provide when you purchase or subscribe to content or products from the Service. We refer to this information collected from Visitors as “Visitor Data.”
Payment Information. You may purchase subscriptions to access fantasy writing or other goods using the Service. We use a third-party payment provider to process payments on the Service. We may receive information associated with your payment information, such as billing address and transaction information, but we do not directly store payment information on the Service.
Your Communications with Us. We collect personal information from you such as email address, phone number, or mailing address when you request information about our Service, register for our newsletter, request customer or technical support, or otherwise communicate with us.
Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
Interactive Features. We offer interactive features such as forums, blogs, and social media pages. We and others who use our Service may collect the information you submit or make available through these interactive features. Any content you provide via the public sections of these features will be considered “public” and is not subject to the privacy protections referenced herein. By using these interactive features, you assume the risk that the personal information provided by you may be viewed and used by third parties for their own purposes.
Registration for Sweepstakes or Contests. We may run sweepstakes and contests. Contact information you provide may be used to inform you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
Conferences, Trade Shows, and Other Events. We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in the Service. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities. Job Applications. We may post job openings and opportunities on the Service. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and process the information contained therein to assess your suitability, aptitude, skills, and qualifications for employment.
Information Collected Automatically
Automatic Data Collection. We may collect certain information automatically when you use the Service. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (including inferred location based off of your IP address), Internet service provider, pages that you visit before, during, and after using the Service, information about the links you click, information about how you interact with the Service, including the frequency and duration of your activities, the search requests you submit on the Service, and other information about how you use the Service. Information we collect may be associated with accounts and devices.
• Cookies. Cookies are small text files placed in device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Service may not work properly.
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Service that collects information about engagement on the Service. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Information from Other Sources
We use your personal information, including your Registration Data, Visitor Data, information collected automatically, and information from other sources, for a variety of business purposes, including to:
Provide the Service or Requested Information, such as:
• Fulfilling our contract with you;
• Managing your information and accounts;
• Responding to questions, comments, and other requests; and
• Providing access to certain areas, functionalities, and features of our Service.
Analyze and improve our Service pursuant to our legitimate interests, such as:
• Marketing, market research, and business development, including segmenting our users into specific categories;
• Supporting internal administrative purposes such as providing network and information security and fraud prevention and ensuring internal quality control and safety; • Measuring interest and engagement in our Service;
• Developing new products and services;
• Authenticating and verifying individual identities;
• Recording who is accessing and making changes to different parts of our Service and carrying out audits;
• Preventing and prosecuting potentially prohibited or illegal activities;
• Enforcing our agreements; and
• Complying with our legal obligations.
Marketing Our Products and Services. We use your personal information to provide you with tailored content and advertisements, including to determine your interests and select content and advertisements to provide to you based on your interests.
Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
De-identified and Aggregated Information Use. We may use personal information and other data about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Service, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, analytics, and any other legally permissible purposes.
Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Service.
• Operationally Necessary. This includes Technologies that allow you access to our Service, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
• Performance Related. We may use Technologies to assess the performance of our Service, including as part of our analytic practices to help us understand how our visitors use the Service;
• Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Service. This may include identifying you when you sign into our Service or keeping track of your specified preferences, interests, or past items viewed; and
• Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Service or on third party sites.
Cross-Device Tracking. Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.
Except as described herein, we do not share, disclose, or sell your personal information.
Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the Service; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services.
Business Partners. We may provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
Affiliates. We may share personal information with our affiliated entities.
If you connect to a third-party service (such as Facebook, Twitter, or another third-party application) through the Service or otherwise link your account with a third-party service, you are requesting and authorizing us to share or grant access to information on your behalf (such as your username, the fact that your connection originated from the Service, and other relevant usage and diagnostic information) with such third party. We may also send information about your activities on the Service to such third parties. For example, we may make information available to app developers, game developers, and game publishers to facilitate purchases and awards of digital goods, such as games and in-game items.
Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our, or others’ rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfer. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
You may have the right to object to or opt-out of certain uses of your personal information as described in more detail below.
“Do Not Track”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these websites and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.
Please note you must separately opt out in each browser and on each device.
We may also transfer the personal information that we collect about you to third party processors in connection with the above purposes. We will take appropriate measures to ensure that the recipient protects your personal information adequately.
By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service, by mail or by sending an email to you.
The Services are not directed to children under 16 (applicable to users located in California and the EEA excluding the UK) or 13 (applicable to users located in the rest of the world), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information.
What is our justification for handling your personal data?
Under European and UK data protection laws, we have to ensure that we process your personal information fairly and lawfully. This means that we must have a “legal basis” for each of our processing activities where they relate to the personal data of an individual within the EEA. These bases include:
• Consent – we may decide to obtain your specific, freely given consent to one or more processing activities;
• Legal obligation – we may need to process your data where it is necessary to comply with applicable laws that we are subject to;
• Performance of a contract – we may process your data if we are entering into a contract with you, or taking preparatory steps to do so;
• Legitimate interests – we may process your personal data where we believe that we have a legitimate interest in doing so, and we have analyzed this and determined that our interests are not overridden by the impact on your rights and freedoms under data protection law.
We rely on these legal bases in different ways, and in relation to different types of processing of your personal data.
We process your personal information collected through the use of Advertising or Targeting Related Cookies (as described above) on the basis of your consent, which we ask for when you first visit dscryb.com. You are entitled to withdraw your consent to our use of these Cookies. In order to change your consent, please utilize the “clear cookies” functionality in your browser (this will prompt us to ask for your consent when you next visit a website within the Services).
We believe that our use of your other personal information described herein is necessary for our legitimate interests, which are as follows:
1. To run, grow and develop our business;
2. To operate the Service;
3. For marketing, market research and business development; and
4. For internal administrative purposes.
If we rely on our, or another person’s, legitimate interests for using your personal information, we will undertake a balancing test to ensure that our (or the other person’s) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection. You can ask us for information on this balancing test by using the contact details provided below.
We process your personal information collected through the use of Operationally Necessary, Performance Related, and Functionality Related cookies (as described above) on the basis of our legitimate interests. We also rely on legitimate interests to use your personal information in order to provide you with access to the Service, and to make sure that they work properly, and to keep a record of who is accessing and making changes to the different parts of our Service.
Residents in the EEA and the UK have the rights to:
Access personal information about you consistent with legal requirements. Please contact us at email@example.com to make this request.
Request Correction of your personal information where it is inaccurate or incomplete.
Request Deletion of your personal information, subject to certain exceptions prescribed by law. Please contact us at firstname.lastname@example.org to make this request.
Opt out of any marketing communications that we (or any third party to whom we have disclosed your personal information with your consent) may send you.
If you would like to exercise any of these rights, please email us at email@example.com. We will process such requests in accordance with applicable laws. To protect your privacy, we may take steps to verify your identity before fulfilling your request.
Please note for security and fraud investigation and prevention purposes, we will retain the full IP address for users located in the EEA for up to 12 months.
In addition, we keep a copy of requests submitted to us to comply with our own legal obligation to maintain data processing records. Please also note that certain information, such as your IP address (if you edit while not logged in) and any public or private contributions to dScryb is archived. In addition, our de-identification processes cannot ensure complete or comprehensive de-identification of all of the content or information posted on our Service related to your prior username. If your request is granted, the name change will only occur in automatically generated logs (such as page histories) in association with content that you posted. The name change will not delete mentions of your prior username by third parties.
In the EEA or the UK you may also make a complaint to our supervisory body for data protection matters (for example, the Information Commissioner’s Office in the UK) or seek a remedy through local courts if you believe your rights have been breached.
The dScryb Referral Program pays a prescribed commission rate on all subscription payments made by a referred subscriber within two years of, and including, their first payment. Furthermore, to qualify as a referred subscriber, a user must register with dScryb within 90 days of following your unique referral link.