The services are provided by SCRAPBOOK.COM, LLC (hereinafter referred to as “SCRAPBOOK”), an Arizona Limited Liability Company located at 1495 E Baseline Rd. Suite 102, Gilbert AZ, 85233.
These terms and conditions contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. Please read them carefully.
ACCESS AND USE OF THE SERVICES
These general terms and conditions of use ("General Terms and Conditions of Use") shall govern the use of the website www.scrapbook.com and related platforms and applications ("Website"), which belong to SCRAPBOOK. The purpose is to provide information about the activity of the Company and enable the use of the services offered by SCRAPBOOK (“Service” or “Services”), consisting in the shopping for and purchase of goods, and the viewing, creation, and storage of different types of online content.
By accessing the Services, you, the User, agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the Website or its contents.
Some of the above-mentioned Services may be subject to specific conditions established at any time. From here forward, such conditions, or any other specific conditions for the Services offered on the Website at any time, shall be referred to as "Specific Conditions".
In addition, SCRAPBOOK informs the Users of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. If the User does not want to agree to any changes made, the User should stop using the Service, because by continuing to use the Services the User indicates their agreement to be bound by the effective terms at the time of use.
The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly and to comply with any given applicable regulation.
SCRAPBOOK ACCOUNT AND REGISTRATION
The User must activate a username and password in order to fully use and enjoy some of the Services.
User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.
User shall be responsible for using the Services properly.
By creating a SCRAPBOOK Account, you agree to: (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the “Registration Data”), if such information is provided by User, and (ii) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your SCRAPBOOK Account.
You hereby consent to the use of your activities on the Service by SCRAPBOOK to optimize the availability and presentation of Content to you. You also hereby consent to share such activities with other users of the Service.
You may close your SCRAPBOOK Account at any time by contacting us: https://www.scrapbook.com/contact. If you close your SCRAPBOOK Account you may still be able to access certain portions of the Service, but you will not have access to certain features and Content that are available to SCRAPBOOK Account holders.
We may also terminate your SCRAPBOOK Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.
PROHIBITED USER CONDUCT
Prohibited activities While using the Service, you agree not to engage in any of the following prohibited activities:
a) Use, display, mirror, or frame the Service, any individual element within the Service, the SCRAPBOOK name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without SCRAPBOOK’s express written consent.
b) Access the Service by any means other than through interfaces provided by SCRAPBOOK and as otherwise expressly authorized under these Terms of Service.
c) Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SCRAPBOOK or any of our providers or any other third party (including another user) to protect the Service.
e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
f) Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SCRAPBOOK or other generally available third party web browsers or search engines.
g) Post or share any unsolicited or unauthorized spam, advertising messages, promotional materials, or other form of solicitation on the www.scrapbook.com website.
h) Use any meta tags or other hidden text or metadata utilizing the Service or a SCRAPBOOK trademark, logo, or URL without SCRAPBOOK’s express written consent.
i) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
j) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your SCRAPBOOK Account) or your access to or use of the Service.
k) Collect or store any personally identifiable information from other persons of the Service without their express permission.
l) Stalk or otherwise harass another person or entity.
m) Impersonate or misrepresent your affiliation with any person or entity.
n) Violate any applicable law or regulation.
o) Without limiting any other provision of these Terms of Service, allow any other person or entity to use your SCRAPBOOK Account.
p) Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
q) Post defamatory or insulting content, either directly or indirectly, about any individual or entity, including in private posts and Private Messages.
r) Use racist language, defamatory language, provoking language, or profanity of any kind in any public or non-public User-generated content.
s) Post or upload copyrighted material or any other intellectual property that does not belong to you, or has not secured requisite licenses or use waivers, or that is not of your creation.
t) Copy information from the Website and use it for publication on other websites or print media.
u) Use the Website to advertise, sell, or trade products and services.
v) Link to or advertise any outside scrapbooking or craft sites - or platforms which permit the selling of craft products - in comments, posts, or any other area of the Website that permits user generated content. This includes online stores or sites of any kind related to paper crafting, including those only ancillarily related such as auction sites (such as eBay) or third party platform sites (such as Etsy, Amazon.com or Wal-Mart). Signatures, private messages, images, and avatars should not contain advertising information for other business, entities, individuals, organizations, or websites.
w) Post or uploaded any content which contains profanity, pornography, or inappropriate content of any kind.
x) Resolving disputes with Users in venues other than Private Message (PM) or email; dispute resolution between members is forbidden in publicly viewable areas of the Website.
y) In particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Services, Contents or www.scrapbook.com website.
All Website contents other than User Content (including but not limited to databases, text, images, videos, photographs, copyrights, and patents) are the property of SCRAPBOOK or its content providers, in which case those contents have been licensed to SCRAPBOOK, and they are protected by United States law governing intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Website is exclusively owned by SCRAPBOOK and is protected by the applicable laws governing intellectual property.
All the software utilized for the use and development of the Services is the property of SCRAPBOOK or its software providers, and is protected by the laws governing intellectual property.
All brands, labels, distinguishing symbols or logos that appear on the Services are the property of SCRAPBOOK or their respective owners. SCRAPBOOK’s brands, labels, distinguishing symbols or logos that appear are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.
All texts, graphs, drawings, videos or audio supports are the property of SCRAPBOOK or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents.
The fact that SCRAPBOOK makes available to Users intellectual property owned by SCRAPBOOK or its content providers that appear in the Services, does not indicate the assignment of their ownership or any right of exploitation in favour of the User, other than the rightful use of the Services consistent with its purpose.
It is strictly prohibited to use the contents of the Services without the authorization of SCRAPBOOK or the rights holder, if SCRAPBOOK is not the rights holder. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of SCRAPBOOK’s intellectual property rights, or the intellectual property rights of the right’s holder, and subjects the violator to punishments according to applicable laws.
The User accepts that the Services may display content provided by others that is not owned by SCRAPBOOK. Such content is the sole responsibility of the person or entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. SCRAPBOOK is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use Content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
User acknowledges that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, SCRAPBOOK may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. SCRAPBOOK reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that SCRAPBOOK has no obligation to monitor or review any content submitted to the Services.
You grant SCRAPBOOK the right to use, as it sees fit, your User-generated content, including uploaded projects, images, videos, text, tips, posts, reviews, and any other User-generated content on any site owned, operated, or utilized by SCRAPBOOK in the performance of its duties. You agree that your User-generated content, in whatever form, may be used in SCRAPBOOK’s marketing materials and efforts in perpetuity, without compensation or attribution to you, even after such content may have been removed from the Website, for whatever reason, at whatever time, and by whatever party.
LINKS TO AND CONTENT SHARED WITH THIRD PARTIES
SCRAPBOOK may embed Content, including User-generated content, on third-party web pages or platforms, and publish links in its Services to Internet websites maintained by third parties. SCRAPBOOK assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that SCRAPBOOK supports, promotes, guarantees or recommends the linked websites or platforms.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected] Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in accordance with the "Disputes" section of this agreement below.
DISCLAIMER OF WARRANTIES
The following disclaimer applies to our Services: In consideration of the free-of-charge nature of our services, and to the full extent permissible by applicable law, SCRAPBOOK and its parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, partners, licensors, and all owners of the content (collectively, the “SCRAPBOOK parties”) disclaim all warranties, express or implied.
You expressly agree that your use of the service is at your own risk. We reserve the right to restrict or terminate your access to the Service or any feature or part thereof at any time if your use of the service breaches any law, or breaches and/or damages any third party or any third party’s rights, or for any other reason. SCRAPBOOK assumes no responsibility for the deletion, mis-delivery, or failure to store or transfer any content or personalization settings.
User acknowledges that use of the services relies on features which are not under the reasonable control of SCRAPBOOK, such as the correct performance of the Internet, telecommunication networks, or other systems which are not under the reasonable control of SCRAPBOOK. In consideration of this, the SCRAPBOOK parties do not warrant that (i) use of the service or the Content will be uninterrupted or error-free, since interruptions or errors may be caused by communication resources outside SCRAPBOOK’s control; ii) that defects in the service or the content will be corrected; (iii) that the Service or Contents will be free of viruses or other harmful components; or (iv) that any descriptions of the Service or the Content are accurate, reliable, current or complete.
You understand that we make every attempt to make the Scrapbook.com website accessible to users with disabilities and continually work to improve the site. You can read more about our efforts on our Accessibility Statement page. If you wish to make a suggestion for how we might improve the Scrapbook.com website, please contact us via our dedicated accessibility phone line at 1 (855) 243-7314 or via our dedicated email address [email protected] We would love to hear from you. We have integrated tools to facilitate access and usability to persons with disabilities. You can learn more here. If you wish to register a formal complaint about the website's usability for the disabled, you agree to submit your complaint to our legal department by mailing a signed, certified letter to Scrapbook.com, c/o Legal Dept, 1495 E. Baseline Rd., Suite 102, Gilbert, AZ 85233.
LIMITATION OF LIABILITY
You understand and agree that the SCRAPBOOK parties will not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if SCRAPBOOK been advised of the possibility of such damages), resulting from your use or access of, or inability to use or access, the Service or the Content.
Considering the real-time nature of the Services, it is impossible for SCRAPBOOK to review all messages and all images or confirm the validity of information posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any User-generated content, and are not responsible for the contents of any User-generated content. User-generated content express the views of the User, and not necessarily the views of SCRAPBOOK or any entity associated with such. Any User who feels that User-generated content is objectionable or inappropriate is encouraged to contact us immediately. The ability to remove objectionable messages and suspend Users is a manual process, and we may not be able to remove or edit Content deemed illegal or offensive immediately. We reserve the right to delete any User-generated content for any or no reason whatsoever. Users remain solely responsible for their content, and you agree to indemnify and hold harmless SCRAPBOOK for exposure to any User-generated content to which you are exposed at the Website. SCRAPBOOK reserves the right to reveal your personally identifying information to legal authorities in the event of a reasonable suspicion of illegal activity.
SUSPENSION OF ACCESS
Please report problems and policy violations to us. We reserve the right, but have no obligation, to remove any Content from the Service at any time in our discretion.
In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and SCRAPBOOK Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
Users who do not comply with the Terms and Conditions may be banned from Services indefinitely without warning. When a member is banned, all PM's (private messages) and User-generated content may be deleted permanently. SCRAPBOOK will not remove historical Content uploaded or posted by banned members unless SCRAPBOOK deems appropriate or necessary. Individuals who have been banned may submit a statement to be considered for re-access to Services. If you have been banned and would like to submit a request for reinstatement, please make request at https://www.scrapbook.com/contact. Requests approved for reauthorization will be reinstated at SCRAPBOOK’s sole discretion and timing.
You agree to indemnify and hold the SCRAPBOOK Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.
APPLICABLE LAW AND JURISDICTION
The access to and use of the Services shall be governed and construed in accordance with the federal laws of the United States and the laws of the State of Arizona.
By using the Scrapbook.com website you agree that any disputes or legal matters that may arise between Scrapbook.com and you shall be resolved in the jurisdiction and courts of Maricopa County, Arizona pursuant to the laws of Arizona and you agree that you understand this notification and will not pursue any legal action against SCRAPBOOK, its parents, its subsidiaries, officers, directors, employees, or agents, except with courts having jurisdiction and venue in Maricopa County, Arizona. To this end, you agree to renounce your own jurisdiction and submit to the jurisdiction of the courts of the State of Arizona.
Any dispute or claim you may have which in any way relates to your use of the Scrapbook.com website, its services, or any products or shipment purchased at or received from Scrapbook.com will be resolved by binding arbitration. Courts will not be used to resolve disputes or claims, except small claims court if your claims quality and you assert those claims in that court.
Arbitration does not use a judge or jury. Court reviews of arbitration awards are limited. Arbitrators can, however, award on individual basis damages and relief the same as a court. These reliefs and damages include injunctive or declaratory relief as well as statutory damages, and they must follow the terms set forth here just as would a court.
To commence an arbitration proceeding, you must mail a letter describing your claim, with a request for arbitration, to our registered agent at DG Service Corp, Attn: Charles E. Davis, 40 E. Rio Salado Pkwy Ste 425 , Tempe, AZ 85281, USA. The American Arbitration Association (AAA) will conduct the arbitration under its rules. These rules will include the AAA Supplementary Procedures for Consumer-Related Disputes. All payment of any fees will be governed by AAA rules.
You and Scrapbook.com each agrees that dispute resolution proceedings will not be conducted in a class, consolidated or representative action, only on an individual basis. Should a claim end up in court, you and Scrapbook.com each agrees to waive any right to a jury trial. You and Scrapbook.com agrees that we have the right to bring suits in court in order to enjoin infringement or other violations of intellectual property rights.