TERMS AND CONDITIONS
LAST UPDATED: 07.12.2022
You must be at least 18 years old to use scribba.com. Access by anyone under the age of 18 is strictly prohibited.
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
Scribba.com is a website (the “Site”) operated and owned by Pink Cow Media Ltd (“Company” “we”, or “us” or “our”) and is operated as adult community website featuring erotic stories, love poems and forums. We are a private company incorporated and registered in Cyprus with company number HE 434799 whose registered office is at the
2 Dervenion 4th floor Agios Antonios, 1055 Nicosia Cyprus.
Please read these Terms carefully before using the Site and please ensure that you understand them. If you do not wish to be bound by these terms and conditions then please leave the website immediately.
2. ACCEPTANCE OF THESE TERMS
These are the Terms on which we supply our services to you, as such are described in paragraph 8 below (the “Services”). They tell you who we are, how we will provide our Services to you, how you or we may change or end the contract, what to do if there is a problem and other important information. By accepting these Terms, you explicitly agree to comply and will be bound by these Terms as well as other terms, policies and guidelines incorporated by reference herein.
We recommend that you save a copy of these Terms for future reference.
3. CHANGES TO THESE TERMS
These Terms are subject to change and we reserve the right, at our sole discretion, to modify and/or amend and/or replace these Terms from time to time. Material changes to these Terms will be implemented provided that you have been notified in advance of the changes taking effect. What constitutes a material change will be determined by us at our sole discretion. If you disagree with any changes, then you may not continue to use or access the Site.
You can see when we last changed these Terms by referring to the ‘LAST UPDATED’ statement at the beginning of the Terms.
In this paragraph, the term “changes” shall be interpreted broadly and shall include any modifications, amendments, revisions and restatements whatsoever, including adding or removing any provisions of these Terms.
We will notify you of changes to the Terms in one of the ways described in paragraph 9 or through a pop-up window upon your next visit to the Site.
Where we notify you of changes via email, such changes shall be effective and shall be deemed received by you immediately after being sent to the email address you have provided us with even if:
- our email notification is filtered as a spam, junk, bulk, or other undesirable or low priority message and is not displayed in your email inbox; or
- you do not actually read it for any other reason.
By accessing or using the Site, you agree that you:
- are at least 18 years old (or 21 years in certain jurisdictions such as the US states of AL, MS, NE, and WY);
- will not permit any persons who are not of legal age in the jurisdiction where this Site is being viewed to view or access, in any way, any materials found therein;
- understand that by accessing the Site, you may be exposed to materials that may include but are not limited to, visual images and verbal descriptions of a sexually oriented and erotic nature. You affirm that, in case you view such materials, you will not be offended by them;
- may not authorize others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity;
- have not previously been suspended or removed from the Site;
- are entitled to enter into this agreement and to abide by all of these Terms and comply with all applicable and relevant legislation;
- are not a competitor of the Company and that you are not accessing and/or using the Site for reasons that are in competition with us or other than for its intended purpose;
- will not violate the rights of any other person, including their privacy rights or rights of publicity, by inter alia, creating an Account for someone other than yourself;
- will not use the Site and/or any of its content for fraudulent or unlawful purposes.
In order to use the Site and have access to the main Service, you must access the site. However, to use additional Services and access locked features, you must become a subscriber of the Site by following the designated sign-up procedure (the “Registration”) through which you will be requested to input certain information to create an account on the Site (the “Account”). Verifying your email address is required before you can complete the registration process and gain access to locked features.
The use of the Site for all Services is free of charge.
When registering, you are prohibited from selecting or using as a username:
- a name of another person with the intent to impersonate that person;
- a name that is subject to any rights of a person other than you (including copyright protection) without appropriate authorization, or
- a name that is otherwise offensive, vulgar, or obscene.
The username is created only once and will allow you to access and use the Services at any time.
In certain circumstances, such as when we reasonably suspect that a user is a minor, we may request additional information and/or documents to verify the user’s age and identity, including a copy of the user’s identification card or passport.
You guarantee that any information you provide for Registration and/or completing the profile details in your Account is accurate, true, current, and correct, and that any changes to this information will be updated as soon as reasonably practicable.
Registration is void where prohibited by law.
6. PERSONAL ACCOUNT DETAILS
You must treat your login information, namely your username, password, and/or email address (the “Account Information”), as confidential information. You must not disclose the Account Information to any third party. We do not encourage you to write down the Account Information, as others could gain access to your Account.
If you know or suspect that anyone other than you knows your Account Information, you must immediately change your password, which can be done in the 'Settings' section.
We reserve the right to reset your password:
- on your request and/or
- at our discretion, if we suspect or reasonably believe that your Account has been accessed by a person other than yourself.
The Company shall not be responsible for any loss suffered by the user resulting from the unauthorized access or use of their Account.
7. PERSONAL DATA PROCESSING
You authorize us to use, store, or otherwise process any personal information which relates to and/or identifies you.
8. THE SERVICES OFFERED THROUGH THE SITE
We grant users the right to use the Services offered on the Site, which include but are not limited to:
- Access material published on the Site, including but not limited to erotic stories, love poems, forums ("Material")
- Access other features available on the Site that enhance the user experience.
Upon completing the free Registration, you will be able to add Material to your Favorites and keep track of your Reading History. From time to time, we may provide other free Services on the Site.
The Services can be used via desktop devices as well as compatible mobile devices such as smartphones and tablets.
In relation to the Service:
- Display Materials electronically on a single computer to one person;
- Download and store one copy of the Materials in machine-readable form; and
- Print one copy of the Materials.
You may not:
- Reproduce, transmit, distribute the Materials;
- Sub-license, rent, lease, transfer, or attempt to assign the rights in the Materials to any other person;
- Make the Materials available on a network;
- Use the Materials in any manner, or transfer or export the Materials or any copies into any country;
- Allow any other person to use the Materials other than in accordance with the terms and conditions;
- Access or use the Service from any place or jurisdiction where such use or access is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts, customs of such jurisdiction.
The Materials are presented solely for your private, personal, and non-commercial use and may not be re-sold.
Without limitation to this paragraph, you agree that you will only use this Site in a manner consistent with its purpose and in accordance with these Terms.
Without limiting the foregoing, we reserve the right to stop offering the Services at any time.
9. COMPANY NOTIFICATIONS TO USERS
We may contact you via email, push notifications for Account verification, message notifications and other purposes related to the Services and/or the Site. We may also contact you in order to inform you about offers, updates and/or provide you with other promotional material, provided that we always give you the option to opt-out of such communications in the future.
We are not responsible for the timelines or final delivery of the message, as this is outside our control and it is the responsibility of service providers and other networks.
Unless specified otherwise in these Terms, any notice or communication shall be deemed to have been received on the next business day after transmission.
This paragraph does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
10. WEBSITES WE LINK TO AND EXTERNAL LINKS
Our Site may contain external links to other websites and resources provided by third parties that are not owned or controlled by us and which are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party website.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
11. MODIFICATIONS AND FUNCTIONING OF THE SITE
We may update and change our Site from time to time to reflect changes to the needs of the user and to our business priorities. We will try to give you reasonable notice of any material changes. What constitutes a material change will be determined by us at our sole discretion. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions.
Please note that although we try to ensure that the Material of our website and/or the Service is accurate, our website and/or the Service may contain typographical errors or other inaccuracies. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Service, including your access to it.
We will use reasonable efforts to ensure that the Site is available at all times. We do not guarantee that the Site, or any content on it or any individual feature or function of it, will always be available and/or error free and/or be uninterrupted. In particular, the Site may be unavailable in certain periods during which we may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons or during implementations of upgrades or during essential maintenance on the Site. We will try to give you reasonable notice of any suspension or withdrawal, where such notice is practicably possible.
In the event that the Site does not function properly or at all, the Company shall not be held liable for any loss or damage suffered by users of the Site caused by its non-proper functionality or its failure to function entirely.
12. SITE SECURITY
We take all reasonably practicable steps to ensure that the Site is secure. However, we are not responsible for possible viruses on our Site, and we do not guarantee that our Site will be secure or free from bugs or viruses at all times.
You are responsible for configuring your information technology and computer programs to access our Site.
You should use your own virus protection software, and you are prohibited from doing the following:
- Misusing our Site by knowingly introducing viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful and that may adversely affect the operation of the Site or any computer software or hardware;
- Attempting to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer, network, or database connected to our Site;
- Attacking our Site via a denial-of-service attack or a distributed denial-of-service attack.
In the event that you breach any of the provisions of this paragraph 11, your right to use our Site will cease immediately. Such a breach may be reported to the relevant law enforcement authorities with which we may be required to co-operate by disclosing your identity to them.
In order to protect the integrity of the Site, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Site.
By agreeing to these Terms, you are deemed to agree and understand that whenever you use the Site and/or the Services, you do so at your own risk.
13. MONITORING OF THE SITE AND COMPLIANCE WITH THESE TERMS
If while monitoring the Site, we reasonably suspect for any reason, that a user is not eligible to use the Site and the Services, we reserve the right to request additional information from such user, including official identification documents (if necessary), in order to verify that the information uploaded on the Site is accurate and refer to the person who created the profile in question.
14. PROHIBITED USES
You may use the Site only for lawful purposes. Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Unauthorised framing of or linking to the Site will be investigated, and appropriate legal action will be taken.
Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms.
You may not use our Site in any way that:
- Breaches any applicable local, national, or international law or regulation;
- Is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- Is for the purpose of harming or attempting to harm other persons, including minors, in any way;
- Bullies, defames, abuses, harasses, stalks, threatens, insults, intimidates, or humiliates any person or otherwise violates the rights of others, including without limitation others’ privacy rights or rights of publicity;
- Transmits, or procures the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- Violates any requirements, procedures, policies, or regulations of any networks;
- Creates a database by systematically downloading and storing Site content;
- Reproduces, duplicates, copies, sells, resells, or otherwise exploits for any commercial purposes any portion of, use of, or access to the Site; and/or
- Modifies, adapts, translates, reverse engineers, decompiles, or disassembles any portion of the Site.
15. BREACH OF THESE TERMS
When we consider that a breach of these Terms has occurred, we may take such corrective action as we deem appropriate. Failure to comply with these Terms constitutes a material breach of the Terms and may result in our taking all or any of the following actions:
- Immediate, temporary, or permanent withdrawal of your right to use our Site and the Services;
- Issuance of a warning to you;
- Initiation of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Pursuit of further legal action against you;
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law;
- Pursuit of damages for any loss sustained due to your breach.
The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
If you feel or suspect that there has been a breach, of any kind, of your Account and/or the information displayed on your profile you should:
- Notify us as soon as reasonably practicable by contacting us via our Support Contact Form; and
- Change your password as soon as possible after a suspected breach.
16. RESTRICTED AREAS
We reserve the right to restrict your access to the Site or to any part of it (the “Restricted Site Areas”), without notice or liability. This includes the availability of different features and aspects of the Site and/or the content of it.
Access to Restricted Areas may be subject to certain conditions. If we grant you permission to access any of the Restricted Areas, we may withdraw that permission at any time (including where you breach any of these Terms).
Without prejudice to any other indemnity provisions set out in these Terms, to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Company, its affiliated companies and their respective officers, directors, partners, employees, agents, and contractors against any claims, causes of action, damages, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
- Your use of the Site or the Service;
- Your breach of these Terms and/or any warranties and/or undertakings under these Terms;
- Your violation of any rights of a third party, including a third party’s intellectual property rights; and
- Your violation of any applicable laws, rules or regulations.
18. LIABILITY, REPRESENTATIONS AND WARRANTIES
We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Service, our website or any information or service provided through the Site.
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Service or the Materials, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
We accept no liability if the system that you are using is running out of date software, or software that cannot be updated, which inhibits your access to certain parts of the site.
We provide the Site on an ‘as is’ basis. We make no representations as to the quality, completeness or accuracy of any Material made available on the Site, and we are therefore not liable for false or misleading content.
Without limiting the foregoing, neither we, nor any of our affiliated companies, contractors, employees, licensors or representatives warrant:
- That the Site or the Service will meet your requirements or will be accurate;
- That the Site or the Service will always be available or will be uninterrupted, accessible, timely or secure;
- That any defects on the Site or Service will be corrected;
- That the Site will be free from any viruses;
- The accuracy, reliability, timeliness or completeness of any material posted or accessible on or through the Site or Service.
19. APPLICABILITY OF ONLINE MATERIALS
Materials published in the Service are supplied by third parties that we do not control. All Materials which are offered by third parties, are published in good faith but we do not accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Service.
We make no warranties, express or implied that making the Materials and the Service available in any particular jurisdiction is permitted under any applicable law or regulation. Accordingly, if making the Service, the Materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Service or the relevant Materials are not offered to you and you must cease using our Service immediately.
>We accept no responsibility if you are not lawfully able to use our Service.
20. PROPRIETARY RIGHTS AND COPYRIGHTS
Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated by the Company when using the Services, including, without limitation, the Site’s and/or Company’s logo and all designs, text, graphics, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the "Content") are the property of the Company and/or its licensors and are protected by copyright and/or other intellectual property laws. All rights to the Content are expressly reserved. Nothing contained in the Services may be construed as granting expressly, by implication, estoppel or otherwise, any licence or right to use any trademark, copyright or other proprietary right of the Company including but not limited to the Content or any third party without the prior written permission of the Company or such other party that may own such trademark, copyright or other proprietary right(s).
The Site, its logo and all other product or service names or slogans displayed on or communicated through the Services, may not be copied, downloaded, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable copyright or trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, downloaded, imitated or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos displayed on or communicated through the Services are the property of their respective owners.
In return for you agreeing to comply with these Terms, we grant you the right to view and use the Site, the Content and/or the Services for your personal purposes only.
This licence is provided to you on a limited, revocable, personal, non-transferable, worldwide, non-exclusive, non-sublicensable basis and will continue until termination by either party of the user’s Account in accordance with these Terms. All rights not expressly granted to you are reserved by the Company. You represent and warrant that you will be personally responsible for your use of the Services and that your use of the Services, the Site and/or the Content will be consistent with this licence and will not infringe or violate the rights of the Company or of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
21. INTELLECTUAL PROPERTY RIGHTS
You may not distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
The Site respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask you to do the same. Infringing activity will not be tolerated on or through the Site. Our intellectual property policy is to:
- Remove or disable access to material that we believe, in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available on or through the Site; and
- Remove any Material of an infringer.
22. OTHER TERMS THAT MAY APPLY TO YOU
23. TERMINATION OF ACCESS TO THE SITE
You may request to cancel your Account at any time by following the designated deletion steps in your Account or by contacting us with a request to delete your Account. Your Account will be deactivated immediately upon our receipt of the relevant cancellation request.
Notwithstanding any other legal remedies that may be available to us, we may at any time and for any reason, terminate and/or suspend and/or deactivate your access to the Site or use of the Site immediately without prior notice or liability for any reason whatsoever.
Without limiting the generality of the foregoing, we may immediately suspend and/or deactivate and/or terminate your Account without notice if:
- You breach any of the Terms;
- You have provided false, inaccurate, incomplete, or incorrect personal or other information to the Company;
- Your actions may cause or have caused damage or loss to the Company, its affiliated companies, agents, and/or subcontractors;
- We reasonably believe, suspect, or become aware that you are a minor.
In the event of termination and/or suspension of your access to the Site by the Company:
We and our affiliates shall not be liable for any termination of your access to the Site and/or your Account;
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
24. CONTACT INFORMATION
We strive to make our Services and our Site better every day so that you can have the best experience possible whilst on the Site. Whilst we constantly make improvements on the basis of our own observations of how our users interact with the Site, your direct feedback in relation to your own experiences when using the Site is invaluable to us. Rest assured that we take all of your comments and critiques into account both in order to make your own experience better but also in order to improve the overall interaction of our users with the Site.
If you do wish to contact us in order to give us feedback, make suggestions or give us details of any aspects of the Site which you like or dislike, please feel free to contact our customer support team at any time either via email to email@example.com.
When communicating with our customer support team, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If we feel that your behaviour towards any of our customer support team or other employees is at any time not in compliance with the aforementioned requirements, we reserve the right to immediately terminate your Account (without prejudice to the generality of other provisions of these Terms).
The Company may assign or transfer any of its rights and obligations and claims under these Terms and you hereby give us consent to any such assignment and transfer.
You as the user of the Site may not assign or transfer any of their rights, claims or obligations under these Terms.
26. NO WAIVER
A waiver of any right or remedy under the Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A failure or delay by a party to exercise any right or remedy provided under the Terms or by law shall not constitute a waiver of that or any other right or remedy, not shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
27. FORCE MAJEURE
We shall not be responsible for any delay in performing or failure to perform any of our obligations under the Terms if such delay or failure results from unforeseen circumstances or causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; pandemics, war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer or server, for so long as such event continues to delay the Site’s performance.
If any provision (or part of a provision) of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or part of a provision) shall be deemed deleted. Any modification to or deletion of a provision (or part of a provision) shall not affect the legality, validity and enforceability of the rest of these Terms.
29. ENTIRE AGREEMENT
These Terms as well as all other terms, policies and guidelines incorporated by reference herein form the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
30. GOVERNING LAW AND JURISDICTION
The Terms, their subject matter and their formation are governed and construed in accordance with the Law of Cyprus. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation shall be governed by and construed in accordance with the Law of Cyprus. The courts of Cyprus will have exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms.