A Place to Share, Inspire and Grow!

Terms of Use

Welcome to the Scatter Joy Website – a place to share, inspire and grow!

Kathy Davis, the celebrated artist, greeting card designer, entrepreneur and chief executive and visionary officer of the lifestyle brand that bears her name, has made two simple words – Scatter Joy – her personal philosophy and brand promise. The launch of this website serves as a companion to Kathy's book, “Scatter Joy,” and is a place where people can share inspirational and uplifting stories, videos, quotes, audio and photos.  And while we encourage the simple and heartfelt outpouring of submissions to the site, we are obligated to present to you our Terms of Use which govern the website.

The Scatter Joy website ("the Site") has been joyfully created, and is operated by, Kathy Davis Designs, Inc. ("the Company"). By accessing or using the Site, you (the "User") signify that you have read, understand, agree and are thrilled to be bound by these Terms of Use, whether or not you are a registered member of the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. However, if we do this, we will happily post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. So, each time you visit the Site, check this page to determine if there have been changes to these Terms of Use and to review such changes.  If you do not agree to abide by these or any future Terms of Use, please do not use, or, as applicable, please discontinue use of, this Site.

We encourage you to read these Terms of Use carefully, because they contain important information about your legal rights, remedies and obligations.

1. Acceptance of These Terms of Use.
These Terms of Use apply to all Users of the Site.  By using and/or visiting this Site, you signify that you agree to abide by these Terms of Use.  If you do not agree to abide by these Terms of Use, please do not use this Site.
     
2.  Using this Site — General Restrictions.
We are honored to have you use our Site, and enjoy all that it has to offer.  But, of course, there are certain restrictions that apply, in order to ensure that the Site functions the way we intend it. In your use of the Site, you must comply with these Terms of Use and with all applicable laws and regulations.
 While we don’t anticipate that you will do anything other than use the Site properly, we are setting out prohibited acts here, to make clear the actions that are not permitted on the Site.  So here goes: Permission to access and use the Site is subject to, among other things, your agreement to NOT do any of the following:

a. Distribute in any medium any part of the Site, including but not limited to User Submissions (defined in Section 5 below), without the Company’s prior written authorization.
b. Alter or modify any part of the Site.
c. Access User Submissions (defined in Section 5 below) or Content (defined in Section 5 below) through any technology or means other than the playback pages of the Site itself or other means expressly designated by the Company.
d. Harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
e. Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
f. Use automated scripts to collect information from or otherwise interact with the Site.
g. Upload, post, transmit, share, store or otherwise make available any Content that we, in our sole discretion, deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
h. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
i. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
j. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
k. Intimidate or harass another.
l. Upload, post, transmit, share, store or otherwise make available Content that would constitute a violation of any local, state, national or international law, or post any Content that would encourage or provide instructions for a criminal offense or violate the rights of any party.
m. Post any material unless you own the copyrights in such material or unless you are otherwise authorized or permitted to post such material.
n. Use the Site for any commercial purpose, unless you first obtain the written authorization of the Company.  Prohibited commercial uses include, without limitation, any of the following actions:

  • sale of access to the Site or its related services on another Site;

  • use of the Site or its related services for the purpose of gaining advertising or subscription revenue;

  •  the sale of advertising, on the Site or any third-party Site, targeted to the Content of specific User Submissions or Content; and

  • any use of the Site or its related services that the Company finds, in its sole discretion, to use the Site’s resources or User Submissions with the effect of competing with or displacing the market for the Company, the Site, Content, or its User Submissions.

o. Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than an individual could reasonably produce in the same period using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of, and only to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions.
p. Collect or harvest any personally identifiable information, including membership names, from the Site, nor to use the communication systems provided by the Site (e.g., comments, e-mail) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

In addition, in using the Site, you must comply not only with these Terms of Use, but also with all applicable local, national, and international laws and regulations.  While the Company will not be liable for losses caused by any unauthorized use of the Site, you may be liable for the losses of the Company or others due to such unauthorized use.

3. Site Content.
a. With the exception of the User Submissions (defined in Section 5 below), all Content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively the “Content") and the trademarks, service marks and logos contained therein (collectively, the “Marks”), are owned by or licensed to the Company. Content is provided to you AS IS, for your information and personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the Company (or, as applicable, its licensors). The Company reserves all rights not expressly granted herein, in and to the Site, the Content, and the Marks.
b. User Comments (defined in Section 5) are made available to you for your information and personal use solely as intended through the normal functionality of the Site. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as prohibited under these Terms of Use.
c. You may access Content and User Submissions only as permitted under these Terms of Use. The Company reserves all rights not expressly granted in and to the Content and the Site.
d. You agree to not engage in the use, copying, or distribution of any of the Content, including any use, copying, or distribution of User Submissions of third parties obtained through Site, other than as expressly permitted herein.
e. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
f. You understand that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
g. The Company reserves the right to discontinue or alter any aspect of the Site at any time.

4.  Scatter Joy Site Membership.
a. To access certain features of the Site, you will be asked to create a Scatter Joy Site Membership. We encourage and welcome all Users of the Site to become members, and to partake in all that the Site has to offer.  When creating your membership, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your membership, and you must keep your membership password secure.  
b. Never use another's membership without permission.  
c. Notify the Company immediately of any breach of security or unauthorized use of your membership.

5. User Submissions.
a. We encourage each Scatter Joy Website Member to share your joy by submitting video, audio, written, and photographic Content ("User Content") and textual Content ("User Comments"). User Content and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect to any User Submissions.
b. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.
c. To be clear, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Site, you are granting the Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and/or the Company’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels, as well as inclusion of the User Content in future printed media. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use. The above licenses granted by you in User Comments are perpetual and irrevocable.
d. You further agree that you will not submit to the Site any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein.
e. You may access User Submissions for your information and personal use solely as is intended by the Site. You shall not copy or download any User Submission unless you see a “download” or similar link displayed on the Site for that User Submission.
f. The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions.  The Company does not permit any infringement of intellectual property rights on its Site, and Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
g. Company reserves the right, in its discretion, to remove any User Submissions without prior notice.

6. Digital Millennium Copyright Act.
1. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s designated Agent to receive notifications of claimed infringement is: Lorraine Bowen, 1126 Horsham Road, Suite B1, Ambler, Pennsylvania, 19002, email: lorraine@kathydavis.com, fax 215-654-1323.  Any other feedback, comments, requests for technical support, and other communications should be directed to our Agent as well.

7. Warranty Disclaimer.
You agree that your use of the Scatter Joy Site is at your sole risk.  To the fullest extent permitted by law, Company disclaims all warranties, express or implied, in connection with the Site.  The Company makes no warranties or representations about the accuracy or completeness of this Site’s Content or the Content of any sites linked to this Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and /or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, trojan horses, or like which may be transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any Content posted, emailed, transmitted, or otherwise made available via the Site.

8. Limitation of Liability.
In no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, trojan horses, or the like, transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.  The foregoing Limitation of Liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  You also specifically acknowledge that the Company shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Site is controlled and offered by the Company from its facilities in Ambler, Pennsylvania. The Company makes no representations that the Site is appropriate or available for use in other locations.

9. Indemnity.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one (or more) of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms of Use and your use of the Site.

10.  Links to Third-Party Web Sites.
The Site may contain links to third party sites.  The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party sites. By using the Site, you expressly relieve the Company from any and all liability arising from your use of any third-party site.

11. Ability to Accept These Terms of Use.
While scattering joy is an action carried out by all ages, you must be at least 18 years old in order to agree to these Terms of Use.  As such, by using our Site, you agree that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
 
12. Assignment.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

13. Miscellaneous.
You agree that: (i) the Site shall be deemed solely based in Pennsylvania; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Pennsylvania. These Terms of Use shall be governed by the laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in Philadelphia, Pennsylvania, and you consent to the exclusive jurisdiction and venue of such court. These Terms of Use, together with the Privacy Notice and any other legal notices published by the Company on the Site, shall constitute the entire agreement between you and the Company concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

OK, we have now covered the legalities involved in use of this Site.  Now, go forth and scatter joy!!