Terms of Service
Last updated on: September 25, 2008
By using the Scrapblog web site, a service of Scrapblog, Inc., located at www.scrapblog.com,
you agree to be bound by the following "Terms of Service":
Description of Service
The Scrapblog service is intended to allow everyday people to express themselves
online without the need of technical know-how or design experience. At this point,
Scrapblog allows you to create multimedia scrapbooks that you can share online through
www.scrapblog.com, other online services and the Internet. In the process of creating
your multimedia scrapbooks, Scrapblog allows you to aggregate and mix content hosted
in other services. In the future, Scrapblog may offer additional premium content,
services and printed merchandize, which you can access or order on a paid basis.
However, it is our intention to keep the current service free of change.
General terms
The Scrapblog service is intended to allow everyday people to express themselves
online without the need of technical know-how or design experience. At this point,
Scrapblog allows you to create multimedia scrapbooks that you can share online through
www.scrapblog.com, other online services and the Internet. In the process of creating
your multimedia scrapbooks, Scrapblog allows you to aggregate and mix content hosted
in other services. In the future, Scrapblog may offer additional premium content,
services and printed merchandize, which you can access or order on a paid basis.
However, it is our intention to keep the current service free of change.
General terms
You represent that you are 13 years or older.
You accept sole responsibility for all of your activities on the site, including
your conduct on the site and any and all content you may submit, post or share via
Scrapblog to www.scrapblog.com, other online services and the Internet.
You accept sole responsibility for keeping your password secure.
You will not upload, link to, post, email, transmit or otherwise make available
any photos, videos, audio or other content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, or hateful.
You will not harass, threaten, abuse or harm other Scrapblog users in any way.
You will not use the Scrapblog service for any unauthorized or illegal purpose.
You will be responsible for ensuring that you do not violate any laws of your jurisdiction
(this includes international users), including but not limited to copyright laws.
You will not upload or transmit viruses, worms or any other destructive code.
You accept the terms of Scrapblog’s privacy policy, which can be accessed though
the Scrapblog website or directly at http://www.scrapblog.com/privacypolicy/policy.aspx.
Your submissions
While Scrapblog is not responsible for and does not review the images, graphics,
video, audio files, messages, blogs, text or other content or materials (collectively
"Submissions") provided by Scrapblog users, Scrapblog reserves the right to delete
Submissions that Scrapblog deems, in its sole discretion, unacceptable for any reason.
Scrapblog does not claim any intellectual property rights over the Submissions you
submit on Scrapblog, with the exception of a limited right, granted by you, consisting
of a non-exclusive, royalty-free license to use, publish, copy, modify, transmit,
display and distribute your Submissions for the sole purpose of delivering the Service.
Your physical or electronic sharing of your Submissions with others constitutes
permission for reprinting by the recipient. With respect to Submissions you submit
or make available for inclusion on publicly accessible areas of the Scrapblog web
site, other online services and the Internet you grant the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Submissions
on such publicly accessible areas of the Scrapblog web site, other online services
and the Internet.
You certify that your Submissions do not fall into any of the following categories:
- Threatening, defamatory, abusive, obscene, pornographic,
inappropriate or profane material or any other material that could give rise to
any civil or criminal liability under applicable law.
- Material that could infringe rights of privacy, publicity,
copyrights or any other intellectual property rights without the permission of the
owner of these rights and the persons (or their parents or legal guardians, where
applicable) who are shown in the material if applicable.
- Material that promotes bigotry, racism, hatred, or harm
against any individual or group.
Scrapblog makes no representation that it can protect its users from exposure to
offensive material. Scrapblog will not be liable for the content of any user Submission
and expressly disclaims all liability relating thereto.
Scrapblog respects the intellectual property of others, and it is our policy to
respond to claims of alleged infringement that complies with the Digital Millennium
Copyright Act. If you believe that your work has been copied in a way that infringes
your copyrights, please email us at abuse [at] scrapblog.com and provide all relevant
details.
If you post images hosted on Scrapblog to any other site, you must provide a link
from the image back to Scrapblog to the extent permitted by such other site.
Scrapblog Content
All images, graphics, video, audio files, text, software and other materials provided
by or accessed through Scrapblog web site are protected by copyright and other laws
of the United States and foreign countries. You may not copy or distribute such
content without the copyright owner's consent and license. You may use these materials
for personal, non-commercial use only, subject to the restrictions set forth in
these Terms, so long as you do not violate the terms of such copyright owner’s consent
and license to you or remove any copyright or other proprietary rights notices contained
in the materials.
Scrapblog reserves all right, title and interest in and to the Scrapblog web site
and Service is and will remain the exclusive property of Scrapblog and its licensors.
This web site and Service are subject to the copyright, trademark and other laws
of the United States and foreign countries.
As a registered user, you may use certain content in your creations that Scrapblog
provides to you free of charge, which may include, at the discretion of Scrapblog,
graphics, photographic images, videos, fonts, audio, and other content (the “Standard
Content”). Scrapblog may also offer content that you may use after paying a fee
set forth by Scrapblog, which may include, at the discretion of Scrapblog, graphics,
photographic images, videos, fonts, audio, and other content (the “Premium Content”).
Scrapblog retains the right to decide which content it provides as Standard Content
and which content it provides as Premium Content. All right, title, and interest
in and to the Service, which includes the Standard Content and the Premium Content,
are and will remain the exclusive property of Scrapblog and its licensors.
Linked Content
Scrapblog enables you to link to images, videos, audio, and other content hosted
on a third party website (the “Linked Content”). As a registered user, your creation
is saved by Scrapblog, but this is separate from the Linked Content, and the existence
of your creation in Scrapblog does not affect in any manner the ability to view
or use Linked Content. If the Linked Content is no longer available or accessible
to a user, then those portions of your creation that reference the Linked Content
will not work. For the avoidance of doubt, Scrapblog does not download, upload or
host any Linked Content.
Online Sharing through Third Party Services
Scrapblog enables you to share your creations through third party websites, blogs
or email systems. When sharing your creations through third party services you shall
continue to comply with this Terms. You are also to comply with the terms of the
services through which you are sharing your creation.
Links to Third Party Sites
Scrapblog may link the Scrapblog web site to, or third parties may provide, links
to third party web sites and materials. Scrapblog has no control over such sites
and materials. You acknowledge and agree that Scrapblog is not responsible for the
availability of such external sites or materials, and does not endorse and is not
responsible or liable for any content, software, advertising, products or other
materials on or available from such sites or materials. You further acknowledge
and agree that Scrapblog shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such images, content, software, goods or services or other
material available on or through such third party web sites and materials.
Indemnification
You agree to indemnify, defend and hold Scrapblog, our officers, directors, employees,
agents, licensors, suppliers and any third-party information service providers to
the Scrapblog service harmless from and against all claims, liabilities, losses,
expenses, damages and costs, including reasonable attorney’s fees, resulting from
(i) any violation of these Terms of Service, or any activity related to access to
or use of your account (including negligent and wrongful conduct) by you or any
other person accessing the service using your account and/or (ii) a claim that a
Submission infringes third party intellectual property rights.
Disclaimer of Warranties
Scrapblog disclaims any and all responsibility or liability for the content, legality,
reliability, or operability or availability of information or material displayed
in the Scrapblog service. Scrapblog disclaims any responsibility for the deletion,
failure to store, misdelivery, or untimely delivery of any photos, contents, information
or other material. Scrapblog disclaims any responsibility for any harm resulting
from downloading or accessing any information or material on the Internet through
the Scrapblog service.
THE SCRAPBLOG SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED
IN THE SCRAPBLOG SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SCRAPBLOG
AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS. SCRAPBLOG AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SCRAPBLOG SERVICE. SCRAPBLOG AND
ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH
THE SCRAPBLOG SERVICE. SCRAPBLOG AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SCRAPBLOG SERVICE OR RECEIVED THROUGH
ANY LINKS PROVIDED BY THE SCRAPBLOG SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH ANY LINKS PROVIDED IN THE SCRAPBLOG SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF THE SCRAPBLOG SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SCRAPBLOG OR ITS LICENSORS BE LIABLE TO ANY USER DUE
TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF SCRAPBLOG OR ITS LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SCRAPBLOG SERVICE, FROM
INABILITY TO USE THE SCRAPBLOG SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE SCRAPBLOG SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SCRAPBLOG SERVICE OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE SCRAPBLOG SERVICE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SCRAPBLOG SERVICE OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE SCRAPBLOG SERVICE. THIS LIMITATION SHALL
ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SCRAPBLOG SERVICE OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SCRAPBLOG
SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Scrapblog or its licensors
be held liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third parties,
or loss of or fluctuations in heat, light, or air conditioning.
Termination and/or Modification of Service
Violation of the Terms of Service will result in the termination of your Scrapblog
account.
Scrapblog reserves the right from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) at any time. You acknowledge that
Scrapblog may from time to time upon prior written notice to you change the services
offered, including, without limitation, establish general practices and limits concerning
use of the Service the maximum number of days or maximum amount of Submissions will
be retained by the Service, the amount and frequency that Submissions may be sent
from or received by an account on the Service, the maximum size of any Submissions
that may be sent from or received by an account on the Service, the maximum disk
space that will be allotted on Scrapblog's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the Service
in a given period of time, and charge for services that Scrapblog may have previously
offered without charge. You agree that Scrapblog has no responsibility or liability
for the deleting or failure to store any Submissions and other content or materials
maintained or transmitted by the Service. You further acknowledge that Scrapblog
reserves the right to modify these general practices and limits from time to time.
Other Terms
Scrapblog reserves the right to update, alter or modify these "Terms of Service"
at any time. You will be notified via email of any material change (as determined
by Scrapblog) in the terms of service.
These Terms of Service constitute the entire agreement between you and Scrapblog
and governs your use of the Scrapblog service, superseding any prior agreements
between you and Scrapblog with respect to the Scrapblog service. You also may be
subject to additional terms and conditions that may apply when you use or purchase
certain other Scrapblog services, affiliate services, third-party content or third-party
software.
These Terms of Service and the relationship between you and Scrapblog shall be governed
by the laws of the State of Florida without regard to its conflict of law provisions.
You and Scrapblog agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Miami Dade, Florida.
If for any reason a court of competent jurisdiction finds any provision or portion
of the Terms of Service to be unenforceable, the remainder of the Terms of Service
will continue in full force and effect.
Contact Us
If you have any comments or questions about our Terms of Service, please contact us:
Scrapblog, Inc.
110 Sutter St., Suite 700
San Francisco, CA 94104
feedback@scrapblog.com