Website Terms of Service
Website Terms of Service
Last Updated – 17 November 2025
Scratchee.com Terms of Service
Thank you for reviewing these Terms of Service ((the “Terms” or “Terms of Service” or “Agreement”). DGR Media LLC, a New Jersey limited liability company (collectively “We”, “Us”, or “DGR Media”), makes its website(s) (the “Website” or “Site”), and any other services (collectively the “Service”) available for your (“You,” “Your,” “User,” or “Users”) use subject to this Agreement. This Agreement spells out what Users can expect from DGR Media and what DGR Media expects from its Users. The DGR Media Privacy Policy explains how DGR Media collects and protects information about Users who use the Service and can be viewed at here.
These Terms of Service form a binding legal agreement between You and Us and apply to your use of any of the Services in any way.
PLEASE NOTE THAT THIS TERMS OF SERVICE INCLUDE A PROVISION WAIVINGT THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGHY INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME.
THE WEBSITE AND SERICE DO NOT OFFER REAL MONEY GAMBLING, AND NO ACTUAL IS REQUIRED TO PLAY ANY OF THE WEBSITE’S GAMES.
- Acceptance of Terms
Please read these Terms of Service carefully before accessing the Site and using the Services. By creating a Scratchee Account, purchasing an Access Plan, submitting a Declaration of Eligibility, accessing the Site and/or using the Services, Users (i) acknowledge that they have read and agree to be bound by these Terms, which may be updated from time to time; and (ii) represent and warrant that they are authorized and able to accept these Terms.
Your use of the Site or Services is also subject to all applicable laws and regulations worldwide. If you do not agree to any of the Terms, you should not and may not use the Site or access the Services. By declining to accept these Terms, the User will be unable to create an Account or participate in the Service.
DGR Media reserves the right to change these Terms at any time without prior notice to Users. If DGR Media modifies these Terms, DGR Media will update the “Last Updated” date and such changes will be effective upon posting. If DGR Media makes what it determines to be material changes to these Terms, DGR Media will notify Users by prominently posting a notice on the Website or by sending a notice to the e-mail addresses on file. Users continued use of the Service following such changes constitutes acceptance of such changes. If users do not agree to the changes, their sole remedy is to cease using the Service. If Users breach any of the Terms, their authorization to use the Service automatically terminates.
- Eligibility – Who May Use Our Services
To be eligible to create an Account and become a registered User (“Registered User”), remain eligible for continued use of the Service, participate in games, obtain discount access, or win prizes offered by DGR Media, You must (i) be 18 years of age or older (or the age of majority in your state or territory of residence, whichever is older); (ii) a resident of the 50 United States, and residing in such location, to use the Services and register for an Account (described below); and (iii) at all times abide by these Terms. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the Service. Access to the Service and the Games offered thereon may not be legal for some or all residents of, or persons present in certain jurisdictions. Please note that some Games (described below in Section 7) may not be available to play for residents of Florida, Louisiana, Michigan, Montana, Nevada, New Jersey, New York, and Washington. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
To be eligible to engage with the Website or receive any prize, the Registered User may be required to provide DGR Media with additional documentation and/or information to verify the identity of the Registered User, and to provide proof of all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a Registered User, DGR Media will, in its sole and absolute discretion, utilize certain information collected by DGR Media to assist in verifying the identity and/or eligibility of such Registered User.
The use of the Services is only permitted for private purposes. You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Services.
DGR Media makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Service or that the Games provided through Our Service are appropriate or available for use in the jurisdiction in which You are located, nor shall any person affiliated, or claiming affiliation, with DGR Media have authority to make such representations or warranties. We do not intend for the Service, or any offerings made available thereon to be used by persons present in jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Service does not constitute an offer, solicitation, or invitation by Us for the use of the Service in any jurisdiction in which such activities are prohibited or restricted. If You choose to access Our Service, You do so at Your own risk. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. If You open an Account and/or participate in the Games made available in the Service while located in a jurisdiction that prohibits such activities, You will be in violation of the law of such jurisdiction and these Terms, and subject to having Your Account suspended or terminated.
DGR MEDIA RESERVES THE RIGHT TO DENY ACCESS TO THE SERVICE TO ANYONE AT OUR SOLE DISCRETION.
In addition, improper conduct includes, but is not limited to:
- Falsifying personal information required to engage with the Service or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments;
- Colluding with any other individual(s) or engaging in any type of syndicate play of the Games;
- Any violation of the Terms or any Game Rules;
- Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: gaining discount access, entering a game, withdrawing a prize);
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose;
- Any type of bonus abuse or other offers or promotions;
- Tampering with the administration of a Game or trying to in any way tamper with the computer programs or any security measure associated with a Game;
- Obtaining other users’ information and spamming other users; or
- Abusing the Website in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent DGR Media from pursuing criminal or civil proceedings in connection with such conduct. By accessing or using the Service, You represent and warrant that You are at least eighteen (18) years of age (or legal age of majority as stipulated in the jurisdiction of your residence), have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Service, including in the jurisdiction in which you reside or are present. If You do not meet the eligibility requirements of this section, then You are not authorized to use the Service. DGR Media reserves the right to verify Your age, identity, and eligibility at any time. This includes requesting that You provide proof of identity documentation such as driver’s license, passport, or birth certificate. Any failure to cooperate with DGR Media in this respect may result in the suspension and/or termination of Your Account. To the extent DGR Media requests proof of identity and You fail to do so within seven (7) days, or DGR Media otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that DGR Media may have in law or equity, DGR Media reserves the right to terminate Your Account and withhold or revoke the awarding of any prizes associated with such Account. In such a situation, DGR Media will pay out any withheld or revoked prizes to the other entrants in the relevant Game in a manner consistent with the prize structure of the Game, to be precisely determined by DGR Media in its sole discretion.
By inputting a payment method at any point, the registered User hereby affirms that the registered User is the lawful owner of the payment method account used to make any deposit(s) or payments. It shall be a violation of these Terms of Service for any registered User to submit payment using any payment method that is not owned by the Registered User.
- User Registration & Accounts
In order to access and use certain Services, including any Games (described below in Section 7), you will need to register for an account (an “Account”). Each Account is for a single user only. Each person is only authorized to make one Account. You may be required to provide a email, first name, last name, mobile phone number, residential address, user name, and password upon registration.
By creating an Account, you agree to (a) these Terms and all other applicable policies, (b) provide accurate, current and complete account information, (c) maintain and promptly update, as necessary, your account information, (d) maintain the security of your account credentials, (e) be responsible for the acts or omissions of any third party who has authority to access the Services or use the Site on your behalf, and (f) immediately notify us by email at hello@scratchee.com if you discover or otherwise suspect any security breaches related to the Site, Services or your account. You also agree that you have not been previously suspended or terminated from use of the Services or engaged in any activity that could result in suspension or termination from use of the Services. You agree not to transfer your Account credentials to any other person, and you agree that any purported transfer to another person is void. Any information collected by DGR Media will be held subject to DGR Media’s Privacy Policy, available at [INSERT LINK] and “just-in-time” notices, if any, provided at the point of information collection or use. If You provide any information that is untrue, inaccurate, not current, or incomplete, or DGR Media has reasonable grounds to suspect that such information is untrue, inaccurate, no current, or incomplete, DGR Media reserves the right suspend or terminate Your Account immediately and refuse any and all current or future use of the Service (or any portion thereof).
By creating an Account, you also consent to receive electronic communications from us. These communications may include notices about your Account (for example, payment authorizations, password changes and other transactional information) and any Offers (described below). You agree that any notices, agreements, disclosures or other communications that we send to you electronically at the address you have most recently provided to us will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you Offers via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
To purchase an Access Plan (described below in Section 4) or other premium Service available on the Site, you will need to provide us with one or more Payment Methods, as described below in Section 9. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your Account with a third party.
To redeem any prizes awarded from your participation in a Game (described below in Section 7) for money, you will need to provide us with one or more Personal Accounts. A Personal Account means a current, valid, accepted monetary depository account, as may be updated from time to time, in which a monetary transfer may be made by us to you, which may include a bank account, PayPal account, or other account that supports online monetary transfers acceptable to us.
Only one (1) Account is allowed per person. In the event that DGR Media determines that You have registered more than one (1) Account, then You acknowledge and agree that, in addition to any other rights that DGR Media may have, DGR Media has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Service, and withhold or revoke the awarding of any prizes.
Users may cancel their Account and terminate their right to use the Service at any time by following the Account cancellation instructions within the Service or contacting hello@scratchee.com. If Users cancel their Account, DGR Media reserves the right to collect fees, surcharges, or costs incurred before cancelling the Account. We may suspend or terminate Accounts, confiscate any Account balances in accordance with applicable law, refuse any and all current or future use of the Service (and access to all related entitlements), without notice, and for any reason, including, without limitation, for violation of this Agreement, illegal or improper use of an Account, or illegal or improper use of the Service. DGR Media also reserves the right to suspend or terminate Accounts that have been inactive for one hundred eighty (180) days or longer . In the event that a User’s Account is terminated or cancelled, the User will have no further access to their Account, or anything associated with it. Users can lose their username and persona in the Service as a result of Account termination or cancellation. If Your Account is suspended or terminated by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction(s) and winnings or other prizes may be voided. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms. If Your Account is subject to a suspension or termination, You must respect the restrictions and limitations imposed on Your Account as part of the suspension or termination, and You should communicate with DGR Media regarding restoration of Your Account only via hello@scratchee.com.
- Account Services
We may offer a number of participation access plans (“Access Plans”) to purchase which will provide you with access to identified products and services available on the Site for the period designated by each Access Plan.
To purchase an Access Plan you will need to provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your Account with a third party.
Access Plans may also provide you with access to a designated number of Scratchee Cards, which can be used to play Games on the Site, as described below in “Games”.
You can find specific details regarding any Access Plan purchased or Scratchee Cards available by clicking on the “Account” link at the top of the page under your profile name.
- Account Security
You are responsible for ensuring that your user name and security details (including any passwords, Username or Account number) (“Secure Details”) are kept confidential. If you suspect that your Secure Details may no longer be confidential or that there may have been unauthorized use of your Account, you must notify DGR Media immediately, and DGR Media may provide you with new Secure Details. Where DGR Media provides you with new Secure Details, DGR Media reserves the right to invalidate any future transactions which attempt to utilize your previous Secure Details.
The Site contains content intended for use by persons over the age of 18 or the age of majority of your state or territory of residence, whichever is older. If minors have access to a laptop, computer or phone that you use to log into your Account, DGR Media strongly recommends that a child protection software package is installed onto that equipment. You are liable for any misuse by third parties of your account.
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third-party, including, without limitation, any person under the age of eighteen (18), to use or re-use Your Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all rewards in their Account. We will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge, unless You have previously notified DGR Media as provided herein that your identifiers are no longer secure and confidential. In the absence of prior notification to Us that your identifiers are no longer secure and confidential, You will be liable for losses incurred due to someone else using Your Account.
- Changes to Terms
We may change the Terms at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Website that the terms have been “updated” or similar words). The changes also will appear in this document, which you can access at any time by going to the Rules, Terms and Conditions or Terms of Service link at the footer of those Services which are made available through a website or to the Legal or Legal Notices area of those Services which are made available as an application. By using a Service after changes are made to these Terms you signify that you agree to be bound by such changes.
- Games
We may offer games of chance, including instant win games, on the Site for the opportunity to win prize(s) which are available for entry by Account holders (a “Game” or “Games”). These Games may require the use of Scratchee Cards. The terms and conditions of any game, including eligibility, entry period and other deadlines, and available prizes will be set forth in the Master Rules and Game Details for such Game which will be posted on the Site. By participating in any Game, you agree to be bound by and comply with the Master Rules and Game Details for that Game. Together with these Terms and the Master Rules, available https://help.scratchee.com/scratchee-master-rules. Any prizes won by you in a Game may be deposited your Account. Instructions for redemption of any Prize will be provided by us. The Website and Games may not be used for any form of illicit gambling.
To redeem any prizes awarded from your participation in a Game for money, you will need to provide us with one or more Personal Accounts. A Personal Account means a current, valid, accepted monetary depository account, as may be updated from time to time, in which a monetary transfer may be made by us to you, which may include a bank account, PayPal account, or other account that supports online monetary transfers acceptable to us. By providing us with a Personal Account, you agree that such Personal Account is owned by you and that we are authorized to transfer any prize award to that account. You are responsible for making sure that this account is valid and current. Your ability to make withdrawals from such Personal Account is subject to the terms and conditions of such account provider. We accept no responsibility once any prize award has been transferred to such Personal Account, and you will not be awarded or provided any additional sums from us upon completion of such transfer.
In the event of a dispute regarding the identity of the person submitting or participating in a Game, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is contested, the name of the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is the age of majority in his or her jurisdiction of residence and who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration with the Service. By inputting a payment method, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account. It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
In the event of a difference or discrepancy between the result shown on a User’s screen and the result shown on DGR Media’s software server, the result showing on the DGR Media software server shall be the governing result.
DGR Media reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in any games for any reason whatsoever. Further, DGR Media may, in its sole and absolute discretion, invalidate any contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
DGR Media also reserves the right to cancel contests, in Our sole discretion, without any restrictions.
DGR Media, in its sole discretion, may disqualify You from a contest or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct DGR Media deems, in its sole discretion, to be improper, unfair, fraudulent, or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way to tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Service. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent DGR Media from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Service is not running as originally planned (e.g., if the Website becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of DGR Media corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), DGR Media reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service. If such cancellation, termination, modification, or suspension occurs, notification may be posted on the Website.
The failure of DGR Media to comply with any provision of these Terms due to an act of God, for example hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of DGR Media or other force majeure event will not be considered a breach of these Terms.
DGR Media endeavors to host fair Games and exercises reasonable efforts to create a level playing field and to detect and prevent cheating. Notwithstanding such efforts, there will be Users who attempt to cheat, and DGR Media does not guarantee that all such instances of cheating will be detected or prevented. Users therefore acknowledge and agree to participate in the Games at their own risk. DGR Media reserves the right to terminate a User’s Account and ban such individual from future participation in the Games without notice, forfeiture of winnings, and take any other actions in accordance with applicable state and federal laws if DGR Media suspects that a User is violating these Terms, including, without limitation, committing any of the following actions:
- Using or attempting to use automated tools, script software, bots, or other unauthorized software, hardware, or modifications to simulate a User or otherwise obtain an advantage over other Users;
- Exploiting vulnerabilities or glitches in the Games;
- Directly or indirectly disabling, circumventing, or otherwise interfering with the operation of software designed to detect or prevent cheating; or
- Colluding with a User who is using unauthorized software, hardware, or modifications to obtain an advantage over other Users.
The foregoing actions shall constitute a material breach of these Terms for which offending Users will be liable to DGR Media for any resulting damages. You acknowledge and agree that We shall not be responsible or liable for cheating that is not detected or prevented or for any resulting losses related thereto.
You are responsible for the payment of all income taxes for any prize awarded, which obligation may accrue when the prize is deposited into your Account.
If you are a U.S. resident, you may be you may be required to complete, sign and return an IRS Form W-9 prior to being awarded a prize or withdrawing your prize. You may be provided with an IRS Form 1099-MISC for the value of your prize won in any Game in the following calendar year.
In the event you do not return a completed form to us, we may withhold thirty percent (30%) of the prize amount for taxes purposes.
- Other Promotional Offers
We may from time to time offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by DGR Media at its sole discretion and we reserve the right to revoke an Offer and put your Account on hold in the event that we determine you are not eligible. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
- Payments
To purchase an Access Plan or other premium Service available on the Site, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your Account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your Account and any access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the Payment Method provider may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You can update your Payment Methods by either going to the “Account” page on the Site, where available, or by capturing a new Payment Method the next time you make a purchase on the site. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s) for any purchases made by you on the Site.
The Service may use third-party electronic payment processors and financial institutions (“Payment Processors”) to process payments. The information that We provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the DGR Media Privacy Policy. Users irrevocably authorize Us, as necessary, to instruct such Payment Processors to handle payments and Users irrevocably agree that We may give such instructions on a User’s behalf in accordance with User requests as submitted through the Service. Users agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors’ terms and conditions, then these Terms shall prevail. Users agree that DGR Media is not liable for any loss caused by any unauthorized use of credit cards or other methods of payment by a third-party in connection with a User’s use of the Service, except as a result of the gross negligence of DGR Media.
- Fee Disclosure
DGR Media will charge fees for Access Plans or for other premium Services. The applicable fees are determined by the particular Access Plan or other premium Service that you choose at the time of purchase. You can find exact fee information on the screen where you select an Access Plan or other premium Services.
There may also be fees incurred depending on your chosen payment method. The type and amount of any such fee is determined by your payment method provider and not by DGR Media. Examples of such fees include foreign transaction fees, overdraft fees, and processing fees. The conditions under which these fees may be imposed are determined by your payment method provider and not by DGR Media.
For more information about fees that we charge, please feel free to call the following toll-free number: 888 330 1685. For more information about fees that your payment method provider may charge, please contact that provider.
- Bill Descriptor Notice
Your credit card statement will show purchases from the Service as “Scratchee Access Pack”. If you have any questions about your order, please contact our support team at hello@scratchee.com or call (412) 275-4177.
- Cancellation
You can cancel your Account at any time. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial Access Plan periods or unused premium Services or Scratchee Cards. To cancel your Account, go to the “Account” page on the Site and follow the instructions for cancellation.
- Limitations of Use
The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone.
You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of the Services.
Any unauthorized or prohibited use of any Content or Services may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
You may not access or view the Content or Services with the use of any scripts, extensions, or programs that alter the way the Content or Services are displayed, rendered, or transmitted to you without our written consent.
- Conduct on Service
You agree not to use the Content or Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate these Terms. You further agree not to:
- Engage in any illegal activity, including gambling, or the planning of any illegal activity;
- Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of DGR Media, its Users, or any third-party;
- Threaten, harass, abuse, or otherwise intimidate any User(s);
- Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with the Service;
- Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the Service for any purpose;
- Using any artificial means to alter a User’s position within the Service;
- Improperly using support or complaint features of the Service or making false reports to DGR Media;
- Use the Service for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
- Seek to or in any way assist other in obtaining an Account, password, or personal information from any User(s);
- Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
- Creating more than one (1) Account;
- Selling or transferring an Account or any attributes related thereto;
- Create or submit unwanted email (“Spam”) to any other Users or other third parties;
- Submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- Post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission;
- Taking any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Interfering or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- Bypassing any measures we may use to prevent or restrict access to the Service;
- Advertise to, or solicit any User to buy or sell any products or service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to Users without their prior explicit consent;
- Enter into games, by any means including including multi-accounting, for which you are ineligible; or
- Engaging in any other activity deemed by DGR Media to be in conflict with the spirit or intent of this Agreement.
Any use of the Service in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account suspension and/or termination, prohibition from using the Service, and/or legal action. Users understand that any attempt to deliberately damage the Service or undermine any Game may also be a violation of criminal and/or civil laws and DGR Media reserves the right to fully seek damages and other remedies from any such person permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to hello@scratchee.com. Please report responsibly.
- Service and Maintenance
We conduct maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. If possible, Users will be notified of maintenance periods in advance, however, Users hereby agree that We may update the Service with or without notifying Users. We also reserve the right to modify or discontinue operation of any aspect of the Service at any time, including, without limitation, the availability of the Website, or any features or content thereon, including without limitation the offering of the Games. We may also impose limits on certain features and offerings or restrict access to parts or all the Service with or without notice to Users and without liability to Users or any third-party. All problems encountered during the use of the Service, including those with regard to User Accounts, etc., can be reported to DGR Media when the problem is encountered at hello@scratchee.com.
- Disclaimer of Warranties
Users expressly acknowledge and agree that use of the Service is at their sole risk. Users further acknowledge and agree that the Service is provided on an “AS IS” and “as available” basis. Neither DGR Media nor any of its parents, subsidiaries, affiliates, licensees, licensors, contractors, agents, content providers, vendors, component suppliers (both hardware and software), and/or any third-party who provides products or services purchased from or distributed by DGR Media as well their respective officers, directors, members, managers, representatives, employees, investors or the like (collectively “DGR Media Providers”), warrant that services affiliated with DGR Media, including, but not limited to, the Website, and the contests and services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DGR MEDIA AND THE DGR MEDIA PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DGR MEDIA AND THE DGR MEDIA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, SECURITY OF THE SERVICE, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE SERVICE, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICE.
NEITHER DGR MEDIA NOR ANY DGR MEDIA PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE SERVICE. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE SERVICE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER DGR MEDIA NOR ANY DGR MEDIA PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE SERVICE) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED DGR MEDIA REPRESENTATIVE.
- Limitation of Liability; Indemnification
- Limitation of Liability; Sole and Exclusive Remedy
NEITHER DGR MEDIA NOR THE DGR MEDIA PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICE OR ANY ASPECT THEREOF. THE OPERATION OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF DGR MEDIA AND THE DGR MEDIA PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER DGR MEDIA NOR THE DGR MEDIA PROVIDERS SHALL BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DGR MEDIA OR THE DGR MEDIA PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, DGR MEDIA’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO DGR MEDIA FOR USE OF THE SERVICE DURING THE TERM OF THEIR REGISTRATION, NOT INCLUDING ANY FEES PAID FOR SERVICES AND/OR PRODUCTS RENDERED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
- Indemnification
You hereby agree to indemnify and hold the DGR Media and DGR Media Providers harmless from and against, and shall on proper demand pay and reimburse them for, any loss, liability, damage, cost or expense (including reasonable attorneys' fees) suffered or incurred thereby by reason of:
- Your misuse of the Service;
- any misrepresentation, breach or nonfulfillment of any covenant or agreement by you contained in these terms or any document referenced herein; or
- Any third-party claim against DGR Media and DGR Media Providers relating to or arising from your actions relating to the site or to the content.
We reserve the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify DGR Media, and Users agree to cooperate with DGR Media’s defense of these claims. We will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their Account or of the Service.
- California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise Users that (i) the Service is provided by DGR Media, 2945 Townsgate Road, Suite 200, Westlake Village, California 91362, Phone: (412) 275-4177, and (ii) a fee may be charged for certain offerings, including, without limitation, in connection with Service. DGR Media reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Service or desire further information on use of the Service, please contact hello@scratchee.com.
- Disputes; Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Initial Dispute Resolution
Users agree to work with DGR Media in good faith to resolve any dispute, controversy, disagreement, or claim (“Dispute”) arising out of or relating to this Agreement or their use of the Service before escalating the Dispute to binding arbitration or litigation, as addressed below. Users must give DGR Media an opportunity to resolve the Dispute by sending written notification to hello@scratchee.comwith the subject line “DISPUTE” or mailing DGR Media, LLC, Attn: Scratchee Dispute Resolution, 377 Valley Rd #1414, Clifton, NJ 07013, United States. The written notification of Dispute must include: (i) the User’s name and address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
- Binding Arbitration
By entering into this agreement, You agree that all Disputes between You and DGR Media that cannot be resolved through DGR Media’s Initial Dispute Resolution procedure shall be resolved exclusively and finally by binding arbitration conducted in Los Angeles County, California before a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and expedited hearing procedures or JAMS. The laws of the State of California shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.
You further agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and DGR Media and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.
- Class Action Wavier
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND DGR MEDIA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- 30-Day Right to Opt Out
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to DGR Media, Attn: Scratchee.com Opt Out, 377 Valley Rd #1414, Clifton, NJ 07013, United States . The written notification must include: (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with DGR Media through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with DGR Media. If Users opt-out of these provisions, DGR Media also will not be bound by them. ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND USERS MUST PURSUE THEIR DISPUTE THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT.
- Linking
We may provide through the Site or Services, or third parties may provide, links to other websites, online applications or resources. We have no control over such sites and resources, and as such you acknowledge that the DGR Media and DGR Media Providers are not responsible or liable for any of the content or products available on such sites. Furthermore, you acknowledge that the DGR Media and DGR Media Providers are not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content or products available on or through any such site or resource.
- DGR Media Advertisers and Vendors
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor.
You agree that the DGR Media and DGR Media Providers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Services. All of your business dealings with any vendors and advertisers appearing on the Site or through the Services shall be at your own risk.
- Governing Law
These Terms of Service are governed by and will be construed under the federal law of the United States of America and the state law of New Jersey.
- Governmental Compliance
DGR Media’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of DGR Media’s right to comply with governmental, court, and law enforcement requests or requirements relating to use of the Service or information provided to or gathered by DGR Media with respect to such use.
- General
- Relationship of Parties/No Third Party Beneficiaries: Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and DGR Media as a result of this Agreement or their use of the Service. Users agree not to hold themselves out as representatives, agents, operators, distributors, or employees of DGR Media and DGR Media shall not be liable for any of their representations, acts, or omissions. Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
- Assignment: We may assign its rights and obligations under this Agreement and/or the DGR Media Privacy Policy, in whole or in part, to any person or entity at any time with or without the Users’ consent. Upon such assignment, We may be relieved of any further obligation hereunder. Users may not assign or delegate any rights or obligations under this Agreement or the DGR Media Privacy Policy without DGR Media’s prior written consent, and any unauthorized assignment and delegation by Users is void and ineffective.
- Taxes: You shall be solely responsible for the tax consequences of your winning and/or your receipt of any prize offered on the Site or through the Services.
- Circumvention: Users agree that they shall not circumvent or attempt to circumvent these Terms or the Service or otherwise interrupt or attempt to interrupt the operations of DGR Media (collectively, a “Circumvention Act”). If DGR Media determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Service, then, in such an event, We reserve the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
- Force Majeure: We shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- No Agency: Nothing in these Terms will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and Us.
- Waiver/Severability: No failure or forbearance on DGR Media’s part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect. If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Our express or implied waiver of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Entire Agreement: These Terms constitute the entire agreement between Users and DGR Media with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms or the DGR Media Privacy Policy will be effective only if in writing and signed by Us.
- Amendments: We reserve the right to amend these Terms, or to implement or amend any procedures, at any time. Any amendments will be published on the Service and such changes will be binding and effectively immediately.
- Supplemental Policies: We may publish additional policies related to specific services such as Games, or promotions. Your right to use such services is subject to those specific policies and these Terms.
- Contact Us: All questions and concerns regarding these Terms should be directed to hello@scratchee.com
THE SECTION TITLES IN THESE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Please visit this page regularly for updates to these Terms of Service.