These Terms and Conditions (“Terms”) govern your use of the website located at scarsh.com (the “Site”) and any related services provided by Scarsh (“we”, “us”, or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any of these Terms, please do not use the Site.

1. Acceptance of Terms

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies or guidelines referenced herein or available by hyperlink. We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of the Site after such changes constitutes acceptance of the new Terms.

2. Intellectual Property Rights

All content on the Site—including but not limited to text, images, graphics, logos, audio, video, computer code, and the selection, arrangement, and design of such content—is the property of Scarsh or its licensors and is protected by intellectual property laws.

• Ownership: No portion of the Site or its content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our express written permission.
• License to Use: We grant you a limited, non-exclusive, revocable, and non-transferable license to access and use the Site for personal, non-commercial purposes. Any other use is prohibited without our prior written consent.

3. Use of the Site

3.1 Eligibility

By using the Site, you represent that you are at least 18 years old, or if under 18, that you have the consent of your parent or legal guardian to use the Site.

3.2 Account Responsibility

If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Prohibited Conduct

You agree that you will not, under any circumstances:

• Unauthorized Access: Attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site, or any of our servers, through hacking, password mining, or any other illegitimate means.
• Interference: Interfere with or disrupt the operation of the Site or the servers or networks used in providing the Site.
• Violation of Rights: Use the Site in any manner that infringes on the intellectual property rights or other rights of any party.
• Malicious Activities: Introduce viruses, malware, or other harmful computer code, or engage in any fraudulent or unlawful behavior while using the Site.

We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, which may include terminating your access to the Site without notice.

5. Privacy and Data Security

Your use of the Site is also governed by our Privacy Policy (please include the URL to your privacy policy), which explains how we collect, use, and protect your personal information. You acknowledge that Internet transmissions are not completely secure and that any data you transmit is at your own risk.

6. Third-Party Links and Content

The Site may include links to third-party websites or resources solely for your convenience. These links do not imply endorsement, and we have no control over the content, products, or services offered by these sites. Use of any third-party websites is at your own risk, and we are not responsible for any content or practices on those websites.

7. User-Generated Content

If you submit, post, or otherwise make available any content (such as comments or reviews) on the Site:

• License Grant: You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide.
• Responsibility: You represent and warrant that you own or otherwise have the necessary rights to grant the rights contained in this Section.
• Conduct: We reserve the right to remove any content that we determine in our sole discretion violates these Terms or is otherwise objectionable.

8. Disclaimers and Warranty Limitations

The Site and all content, materials, services, and information are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. This includes but is not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

• No Warranty: We do not warrant that the Site will be uninterrupted, error-free, or secure, or that defects will be corrected.
• Risk Assumption: You agree that your use of the Site is at your sole risk and that you are solely responsible for any damage to your device or computer system due to your access and use of the Site.

9. Limitation of Liability

In no event shall Scarsh, its officers, directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use, the Site;
• Any conduct or content of any third party on the Site;
• Unauthorized access, use, or alteration of your transmissions or content.

Our aggregate liability for any claims related to your use of the Site shall in no event exceed the amount you have paid to use the Site (if applicable) in the past three months.

10. Indemnification

You agree to indemnify, defend, and hold harmless Scarsh and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of and access to the Site;
• Your violation of these Terms;
• Any content you provide through the Site;
• Any violation of applicable laws or rights of a third party.

11. Modifications to These Terms

We reserve the right to change, modify, or update these Terms at any time in our sole discretion. The most current version of these Terms will be posted on the Site with the “Last Updated” date shown at the top. It is your responsibility to review these Terms periodically. Your continued use of the Site after any modifications constitutes your acceptance of the modified Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Scarsh is organized, without giving effect to any principles of conflicts of law. Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved exclusively through binding arbitration in the applicable jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Contact Information

If you have any questions about these Terms or require further information, please contact us at:

Email: [email protected]  Mailing Address: [email protected] 

Note: This document is a draft and should be adapted to fit your specific business practices and legal requirements. It is recommended that you consult with a legal professional to ensure that all aspects of your Terms and Conditions are appropriate and enforceable for your website.

This draft builds upon common industry practices and elements found in the Terms and Conditions of websites like Victorious and Upgrow. Adjust or expand the sections as necessary to fully address the operations and risks associated with your site, scarsh.com.