ScrapWOW
ScrapWOW
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Scrapbook Your Own Website
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ScrapWOW
 
Terms and Conditions

 

  1. Introduction
  2. Welcome to ScrapWow.com! A Playground for Scrapbookers!™ We hope you enjoy your visit and find our site to be beneficial, fun and easy.

    Please read the following Terms and Conditions (“Terms”) carefully as they contain the legal Terms and conditions that you agree to when you (herein referred to as “you” or “member”) use the services (“Service”) and products (“Products”) and exercise membership privileges (“membership”) offered by ScrapWow.com (herein referred to as “we,” “us,” or “ScrapWow.com”).

    By using our Service you agree to be bound by these Terms which contain provisions applicable to all users of our Service, including casual visitors. This will constitute a binding agreement between you and ScrapWow.com. Note that any violation of these Terms may result in ter mination of our Service to you. We reserve the right to revise these Terms from time to time at our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to ScrapWow.com upon registering. If you continue to use the Service once you have been notified of the changes to these Terms, you will be dee med to have accepted those changes.

     

  3. Material Submissions, Message Board and Forum Postings
  4. You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.

    You are also responsible for all postings to the Message Board(s) and Forum(s).

    Under these Terms, you agree NOT to place any of the following material, obtain any such material using the Service, or use the service: for any unlawful or com mercial purpose; to upload, email, acquire, or otherwise transmit any material that is unlawful, obscene, pornographic, profane, offensive, blasphe mous, threatening, menacing, abusive, libelous, harmful, an invasion of privacy or publicity rights, defamatory, vulgar, illegal or otherwise objectionable, or any other material that could give rise to any civil or cri minal liability under applicable law; to upload, order for print, email, acquire, or otherwise transmit any material that could infringe rights of privacy, publicity, trademarks, patents or other intellectual property rights, copyrights without the per mission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material; to har m minors in any way, including, but not li mited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; to disguise the origin of any content transmitted through the Service or obtain any material sent from an anony mous or false address; to upload, email, acquire, or otherwise transmit any material which is likely to cause har m to ScrapWow.com or anyone else's computer syste ms, including but not li mited to that which contains any conta minating or destructive code such as wor ms, viruses, data or other files or progra ms designed to da mage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; to make images hosted by ScrapWow.com available for viewing by the general public through a publicly posted link to the image.

    ScrapWow.com does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service. However, ScrapWow.com reserves the right to delete, move, or edit sub missions that it dee ms, in its sole discretion, to be in violation of any trademark, copyright laws, or is obscene, unlawful, abusive, or otherwise unacceptable.

    You agree not to use the forum for collecting email addresses, to post the same thing on multiple forums, and to limit your endorsement of websites of interest to a single posting on a single forum.

     

  5. Copyright Notice
  6. If you believe your copyrights have been violated in any way please contact us and provide all relevant details. ScrapWow.com is committed to protecting all applicable copyrights. US law requires that you own the right or have obtained permission from the copyright owner to use any image or written text before they can be uploaded or printed at ScrapWow.com.

     

  7. Copyright in Your images
  8. ScrapWow.com does not clai m ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service you grant to ScrapWow.com a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Where applicable you agree to supply ScrapWow.com with credits pertaining to the works of others compiled by you for your personal use. Credits may include but are not limited to: designer, source of product(s), fonts used, programs used. Please note that physical or electronic sharing of images constitutes per mission for recipients to share and make photographic prints from those images.

     

  9. Copyrighted Material
  10. All of the information, content, software and materials offered by ScrapWow.com is protected by copyright and other pertaining laws. Access to any offering by ScrapWow.com or related third-parties constitutes a license to use and not ownership of any kind. Further, all downloadable elements, digital scrapbook kits, etc. are copyright the original creator and additionally subject to their individual terms and conditions. Replication in any manner is strictly forbidden without prior written consent from the respective parties or unless strictly specified in the designer’s individual terms and conditions. You may use these materials for personal, non-commercial use only unless strictly specified by the designer. Modification of the copyrighted or other proprietary material is not allowed and removal of any copyright or other proprietary rights notices contained within the materials is not allowed without prior written consent.

     

  11. Privacy
  12. Please read our Privacy Policy . ScrapWow.com is firmly committed to safeguarding your privacy. The Terms of our Privacy Policy are considered part of these Terms.

     

  13. Trademarks
  14. All brand, product and service names used in this Service are proprietary marks of ScrapWow.com and/or the relevant third parties. All rights are reserved with respect to any such image, logo, or name.

     

  15. Links to ScrapWow.com
  16. Links to any element, scrapbook kit, or any other downloadable content from any domain, message board, etc. outside ScrapWow.com, for the express purpose of downloading content, is NOT ALLOWED.

     

  17. Third-party Links
  18. Links to other Internet sites operated by third parties, including ScrapWow.com’s vendors, do not constitute sponsorship, endorse ment, or approval by ScrapWow.com of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by ScrapWow.com, and ScrapWow.com is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. You agree that links to other sites are provided for your convenience only, you access the m at your own risk, and ScrapWow.com is not liable for any loss or da mage that you may suffer by using other websites.

     

  19. Third-party Software
  20. We may make software and/or digital downloads from third-party companies available to you. Each software product is subject to the individual company’s Terms and conditions and the agreement between you and the respective company may require that you first agree to the respective software licenses and/or warranties. ScrapWow.com does not guarantee any third-party software to be free of harmful code such as viruses, wor ms, data, or other files or progra ms designed to da mage or allow unauthorized access to your computer which may cause any defect, error, malfunction or corruption. As such, we do not offer any warranty on third-party software you download using our Service.

  21. Availability of Service
  22. ScrapWow.com uses reasonable means to ensure that the Service is available without interruption 24 hours a day, 7 days a week. However, occasional interruptions for maintenance, upgrades, and repairs to com munications equip ment due to circu mstances beyond the control of ScrapWow.com will occur and every reasonable step will be taken by ScrapWow.com to mini mize the disruption of service. You agree that ScrapWow.com shall not be liable to you for any discontinuation, modification, or suspension of the Service.

     

  23. Membership, Billing, and Prices
  24. You must be at least 18 years of age to use our Service.

    You may have unlimited amounts of fee-paid memberships per household. A valid credit card and billing address are required for fee-paid memberships. You agree that pre-paid special offers and gift certificates, once activated, are NOT refundable. Gift Certificates are not redeemable for cash. Memberships are cancelable at any time. By subscribing to membership on ScrapWow.com you agree that ScrapWow.com is permitted to charge your credit card the appropriate fee pertaining to your membership selection: the prepaid amount for special offers; a subscription fee; or any charges incurred in connection with your membership, until your membership is either cancelled or terminated. You agree that your membership will automatically renew at the end of the initial term at the initial rate unless cancelled prior to the anniversary date of your membership. You agree that all fees and charges are nonrefundable. To cancel, please email your request to: cancel17 (AT) scrapwow (DOT) com and your account will be cancelled immediately. ScrapWow.com is not responsible for restoration or restoration of access to your data after cancellation.

    Membership with ScrapWow.com is available for your personal. You can invite members and non- members to view selected photo albums and images in your account through ScrapWow.com’s on-line share feature. Linking directly to images on ScrapWow.com’s servers from external sites is expressly prohibited. People invited to view your images will be able to see the images you have selected for them but will not have access to your entire membership account.

    All prices displayed on the ScrapWow.com Site are quoted in U.S. dollars. ScrapWow.com reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the ScrapWow.com Site without incurring any obligation to you. The receipt by you of an order confirmation does not constitute ScrapWow.com’s acceptance of an order. Verification of infor mation may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confir mation from ScrapWow.com for any reason.

     

  25. Registration
  26. You agree that the infor mation you provide to us upon registering, and at all other times, will be true and accurate. You also agree to keep this infor mation up to date at all times.

     

  27. Password
  28. You will be asked to create a password when you register as a member of ScrapWow.com. You agree that you are responsible for all activities that occur under your password and that its privacy will be kept confidential. You agree to notify ScrapWow.com i m mediately if any unauthorized use has occurred. ScrapWow.com reserves the right to require you to change your password if it is no longer secure.

     

  29. Domain names
  30. Your domain will be in the for m of ScrapWow.com/site/yoursite unless you elect to use a personalized domain name in which case ScrapWow.com can assist you with web-forwarding.

     

  31. Disclaimer of Warranty and limitation of Liability
  32. SCRAPWOW.COM MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SCRAPWOW.COM SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. ALL CONTENT PROVIDED ON SCRAPWOW.COM IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF SCRAPWOW.COM. Please note that so me jurisdictions may not allow the exclusion of implied warranties, so so me of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of i mplied warranties.

    YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO SCRAPWOW.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.

    UNDER NO CIRCUMSTANCES SHALL SCRAPWOW.COM, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SCRAPWOW.COM SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF SCRAPWOW.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

     

  33. Indemnification
  34. You agree to defend, indemnify, and hold harmless ScrapWow.com, ScrapWow.com’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all clai ms, losses, da mages, liabilities, and costs (including but not li mited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of ScrapWow.com, including negligent or wrongful conduct by you or any other person accessing the Service using your account. The foregoing inde mnification obligation shall survive ter mination of these Terms and the ScrapWow.com Site and any product or service provided to you arising out of or relating to your use of the ScrapWow.com Site.

     

  35. Export
  36. You are responsible for compliance with all local laws, and you are required to comply with US export laws and regulations when you use or export any software or materials provided through the Service.

     

  37. Submissions
  38. Except as otherwise expressly provided herein or in the ScrapWow.com Privacy Policy posted on ScrapWow.com, any com munication or material you transmit to ScrapWow.com by electronic mail or otherwise, including any questions, com ments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by ScrapWow.com, ScrapWow.com vendors, or their affiliates or related entities for any purpose, including but not li mited to reproduction, disclosure, trans mission, publication, broadcast, and posting. Further more, ScrapWow.com, ScrapWow.com vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any com munication you send to the ScrapWow.com for any purpose whatsoever, including, but not li mited to, developing, manufacturing, and marketing products or services using infor mation contained in such com munication.

    If you would like to sub mit an idea, send a message to newideasubmission17 (AT) ScrapWow (DOT) com and describe ONLY the general application. If we decide to pursue your idea further, we will contact you. Note: a proper legal agreement may need to be executed in order to review your idea.

     

  39. Miscellaneous
  40. We may assign our rights and responsibilities hereunder without notice to you.

    These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. Failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any part of this agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be dee med superseded by a valid, enforceable provision most closely matching the intent of the original provision and you agree the re mainder of the Terms will continue in effect. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New Jersey.



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