Terms & Conditions

OVERVIEW

Welcome to ScratchMonkeys.com (the “Site”). To purchase a gift card ("Digital Gift") from the ScratchMonkeys.com store ("Store") you must have a valid PayPal account or credit card. The use of our website located at www.ScratchMonkeys.com or any services provided in connection with the Site is subject to the following conditions, which may be amended by EZ Cards Distribution, LLC d/b/a ScratchMonkeys (“EZ Cards” or “ScratchMonkeys") from time to time in its sole discretion. It is your responsibility to review these Terms and Conditions periodically for changes, and if at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. Your continued use of the Site or Services after the posting of changes to the Terms and Conditions evidences your agreement to the changes. Use of this Site and the Store constitutes acceptance of the ScratchMonkeys Terms and Conditions, the ScratchMonkeys Privacy Policy and any other legal agreements that apply to you as a PayPal or credit card account holder. Please read them carefully.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EZ Cards or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of EZ Cards and protected by U.S. and international copyright laws. All software used on this site is the property of EZ Cards or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

SCRATCHMONKEYS and other .com graphics, logos, page headers, button icons, scripts, and service names are trademarks or registered trademarks of EZ Cards in the U.S. and/or other countries. ScratchMonkeys' trademarks may not be used in connection with any product or service that is not related to ScratchMonkeys, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ScratchMonkeys. All other trademarks not owned by ScratchMonkeys that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ScratchMonkeys.

LICENSE AND SITE ACCESS

ScratchMonkeys grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ScratchMonkeys. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ScratchMonkeys. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ScratchMonkeys without express written consent. You may not use any meta tags or any other "hidden text" utilizing ScratchMonkeys' name or trademarks without the express written consent of ScratchMonkeys. Any unauthorized use terminates the permission or license granted to you by ScratchMonkeys. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ScratchMonkeys so long as the link does not portray ScratchMonkeys, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ScratchMonkeys logo or other proprietary graphic or trademark as part of the link without express written permission.

PRODUCT DESCRIPTIONS

ScratchMonkeys attempts to be as accurate as possible. However, ScratchMonkeys does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ScratchMonkeys itself is not as described, your sole remedy is to return it in its unused condition.

RETURNS AND REFUNDS

Digital Gift Cards can only be viewed in the customer’s account online. Once a customer clicks on “Click to Scratch” or "Send as Gift" within their account, a product redemption code is instantly assigned/delivered to the customer and at that point no refunds will be issued. You release ScratchMonkeys, its vendors, its content providers (and each of their affiliates and subsidiaries, officers, directors, employees and agents) from any and all claims connected with a refund dispute. Customer is entitled to a refund only if the code is invalid/inactive and/or not redeemable (e.g. codes that are not activated due to a glitch).‏

PAYMENT FRAUD

We take fraud very seriously. We reserve the right no cancel and return funds for any transaction we feel is or may be fraudulent, without notice. You may be blocked from ordering and reported to IC3.gov when we have evidence that stolen credit cards, identities or other malicious fraudulent attempts are being made.

PAYMENT, PRICING & PROMOTIONS

Pricing is subject to change at any time without notice. Promotional offers may be limited per customer uses or total uses for that offer. Offers may be restricted to certain customer groups, payment methods or specific products and will be outlined in any offer details or descriptions. Payment accepted: PayPal, visa, MasterCard, discover, and American Express.

SHIPPING & DELIVERY

New users note that redeeming codes may sometimes take up to but no longer than 12 hours if we are not able to automatically verify your account. Once complete, codes will be posted to your account. You can view and redeem codes for an order by logging into your account, and clicking on “view your order history and scratch codes" tab. Verified customers note that you will receive instant delivery of all codes 24 hours a day, 7 days a week.

ORDERING

You must create an account prior to or during the order process. All codes are posted in the “view your order history and scratch codes" tab. New users must verify their email address and phone number using our automated email and phone verification system. Every time you change your email address you will need to verify the new email. There may be other means of verification as well.

In order to use PayPal as payment, your ScratchMonkeys email must match your PayPal email.

ORDER REJECTION

ScratchMonkeys reserves the right to delay or decline purchases for any reason. Limits may apply to the amount and number of Digital Gifts you can buy including preventing the sale of more than $10,000 in “prepaid access,” as such term is defined in Section1010.100(ff)(7)(ii) of FinCEN’s Final Rule (Definitions and Other Regulations Relating to Prepaid Access, 76 FR 45403 (July 29, 2011), to one customer during any single day. Please note that a refund may not appear in your credit card account for several days. ScratchMonkeys is not responsible for any loss or damage resulting from lost or stolen Digital Gifts or use without permission. You acknowledge that you purchased the Digital Gifts from ScratchMonkeys from an application programming interface (“API”) located in the United States and that any resale of the Digital Gifts shall be done solely from an API located in the United States.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SCRATCHMONKEYS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SCRATCHMONKEYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCRATCHMONKEYS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCRATCHMONKEYS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SCRATCHMONKEYS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCRATCHMONKEYS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting ScratchMonkeys, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that might arise between you and ScratchMonkeys.

DISPUTES

Any dispute relating in any way to your visit to ScratchMonkeys or to products or services sold or distributed by ScratchMonkeys or through ScratchMonkeys shall be adjudicated in a state or federal court in Los Angeles County, California, and you consent to such exclusive jurisdiction and venue in such courts.

SITE POLICIES AND SEVERABILITY

All other policies on ScratchMonkeys shall also govern your visit to ScratchMonkeys. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

ScratchMonkeys

7730 Gloria Ave.

Van Nuys

California 91406

United States of America‏

PRIVACY POLICY

ScratchMonkeys respects your privacy. ScratchMonkeys Privacy Policy is expressly incorporated into these Terms and Conditions by this reference.

YOUR CONTENT

You grant ScratchMonkeys a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“Your Content”) to the Site you are granting ScratchMonkeys its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use Your Content in connection with the operation of the business of ScratchMonkeys, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Your Content. You will not be compensated for any Your Content. You agree that ScratchMonkeys may publish or otherwise disclose your name in connection with Your Content. By posting Your Content on the Site you warrant and represent that you own the rights to Your Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Your Content.

INDEMNITY

You agree to indemnify, defend, and hold harmless, ScratchMonkeys, its vendors, its content providers and each of their parents, and their respective officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement of any intellectual property or other right of any person or entity. ScratchMonkeys will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.