Scratch Foundation & Shop – Terms

Modified on Tue, 26 Aug at 6:39 PM

Scratch Foundation & Shop Terms can be found here: https://shop.scratchfoundation.org/policies/terms-of-service

Last Updated: July 28, 2025

TABLE OF CONTENTS

1. OVERVIEW
2. ELIGIBILITY
3. YOUR USE OF THE SITE
4. OWNERSHIP; PROPRIETARY RIGHTS
5. LINKED WEBSITES
6. E-COMMERCE
7. DONATIONS
8. MODIFICATION OF THE SITE
9. MODIFICATION OF THESE TERMS
10. TERM
11. INDEMNIFICATION
12. LIMITATION OF LIABILITY

Welcome, and thank you for your interest in Scratch Foundation (“Scratch”, “we”, “us”, or “our”) and our website at https://shop.scratchfoundation.org, including subdomains of such website (collectively, the “Site”). These Terms (as defined below) are a legally binding contract between you and Scratch regarding your use of the Site. Additionally, Scratch’s Terms of Use [linked here] are incorporated herein by reference. In the event of a conflict between the provisions in the Terms of Use and these Terms, these Terms will prevail.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (DEFINED BELOW) (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF THE SITE, AND SCRATCH’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY SCRATCH AND BY YOU TO BE BOUND BY THESE TERMS.

1. OVERVIEW:

The Site provides information about Scratch and our products, including the Scratch merchandise made available hereon.

2. ELIGIBILITY

To access or use some features of our Site, you may be required to register as a user. If you are under the age of eighteen (18), you are not permitted to register as a user. By registering as a user, you represent and warrant that: (a) you are at least eighteen (18) years old; (b) you have not previously been suspended or removed from the Site or any other service provided by Scratch; and (c) your use of the Site is in compliance with any and all applicable laws and regulations and you are legally qualified to enter and form contracts under applicable law.

3. YOUR USE OF THE SITE

3.1 Limited License.

Subject to your complete and ongoing compliance with these Terms, Scratch grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.

3.2 License Restrictions.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.

3.3 Information You Submit.

Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Scratch an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products.

4. OWNERSHIP; PROPRIETARY RIGHTS.

The Site is owned and operated by Scratch. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Scratch are protected by intellectual property and other laws. All Materials included in the Site are the property of Scratch or its third-party licensors. Except as expressly authorized by Scratch, you may not make use of the Materials. Scratch reserves all rights to the Materials not granted expressly in these Terms.

5. LINKED WEBSITES.

The Site may contain links to third party websites. Linked websites are not under Scratch’s control, and Scratch is not responsible for any third-party content. Opinions, advice, statements, or other information made available through the Site by third parties, such as other users, are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. Scratch does not guarantee the accuracy, completeness, or usefulness of any third-party information in any company or otherwise accessible on or through the Site and will not be responsible for any loss or damage resulting from your reliance on third-party information.

6. E-COMMERCE

6.1 General.

The Site may allow you to purchase Scratch’s products. Before you purchase any products from the Site, you will have an opportunity to review and accept the fees that you will be charged. Scratch (or its third-party payment processor) will charge the method you specify at the time of purchase. You authorize Scratch (or its third-party payment processor) to charge all fees for the product(s) you select to your payment method. If you pay any fees with a credit card, Scratch (or its third-party payment processor) may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. All product descriptions and depictions are approximate and are provided for convenience purposes only. The inclusion of any products on the Site does not imply or warrant that such products will be available. In the event a product available on or through the Site is listed at an incorrect price or with incorrect information, Scratch will have the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether due to a typographical error, an error in information received from Scratch's suppliers or providers, or otherwise. Your receipt of an electronic or other form of order confirmation neither signifies Scratch’s acceptance of your order, nor constitutes confirmation of Scratch offer to sell any products. You grant to Scratch the right to provide such information to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any such transaction. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner pursuant to any additional terms that may accompany them.

6.2 Return, Refund and Shipping Policy.

Please review our Return and Refund Policy carefully [linked here] for questions regarding returns or refunds for products. Details regarding our shipping policy (including how to track your delivery) can be found: [linked here]. The risk of loss for and title to products purchased on the Site passes to you upon electronic transmission to the recipient or delivery to the carrier, as applicable.

7. DONATIONS

7.1 General.

When you make a donation to Scratch through the Site, you authorize Scratch or its payment processor to charge your credit card or other payment that is linked to your Account. You represent and warrant that your payment information is correct and that you are legally authorized to use your payment method. You also agree to allow our payment processors to handle your payment information according to their rules and these Terms.

7.2 Recurring Donations.

You may opt into recurring donations and by doing so, you authorize Scratch and its payment processor to charge your designated payment method without further authorization from you. You agree that the donation amount you specify will be charged to your payment method at the frequency you select (e.g., monthly) until you elect to cancel this recurring donation. You may cancel your recurring donation at any time by contacting [shop@scratch.org] or through the cancellation feature in your Account. Cancellation will take effect promptly upon receipt of your cancellation request, and no further donations will be processed after the cancellation date. Any donations processed prior to your cancellation will not be refunded unless due to other reasons.

7.3 Tax Implications.

When you donate to Scratch, you should talk to a tax advisor to understand if your donation is tax-deductible. Scratch does not withhold funds for tax purposes or otherwise, nor does Scratch guarantee that your donations are tax-deductible or eligible for tax credits. Scratch will not be liable for any claims or penalties assessed by any tax authorities regarding how your donation is reported by you or a third party.

8. MODIFICATION OF THE SITE.

Scratch reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Scratch will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

9. MODIFICATION OF THESE TERMS.

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

10. TERM.

These Terms are effective beginning when you accept the Terms or first access, or use the Site, and ending when terminated as described in this Section 10. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Scratch may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site; (b) you will no longer be authorized to access the Site; and (c) Sections 2, 3.3, 4, 11 and 12, will survive.

11. INDEMNIFICATION.

To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Scratch and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Scratch Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SCRATCH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SCRATCH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SCRATCH ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.