Terms of Service

Last updated on: March 25, 2007

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

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.

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 Submission you submit or make available for inclusion on publicly accessible areas of the Scrapblog web site, 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 and Service.

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.