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Terms of Service
  1. ACCEPTANCE OF TERMS

    Scrapo.com provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without notice.

    Failure to comply with these TOS may result in account termination.

  2. DESCRIPTION OF SERVICE

    Scrapo.com is a web-based service that allows its users to create and update online scrapbooks (herein referred to as "Scrapo", or "the Service"). The Service can be updated through a web browser. Once registered with Scrapo.com, each user receives his or her own scrapbook space to post photos, graphics, text, and captions relating to or associating with the users personal lifestyle("the Content"). This Content will reside on Scrapo's servers.

  3. ACCOUNT STRUCTURE

    Scrapo currently has an upgrade based account structure. All accounts are available in accordance with local law including the Children's Online Protection Privacy Act (COPPA) which restricts children under the age of 13 from registering;

    • Any user at any time can remain on our website for free of charge. In order to obtain additional features and webpage storage they will need to purchase account add-ons located at http://www.scrapo.com/members/upgrades.asp

    You hereby agree to this structure, and to Scrapo.com's right to change, modify, or otherwise discontinue any type of account and/or its respective services.

  4. YOUR REGISTRATION OBLIGATIONS

    Account registration and verification is required in order to create a Scrapo.com account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to Scrapo, you are hereby required to update that information as soon as possible. Should Scrapo.com suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that Scrapo.com's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to privacy@scrapo.com.

  5. SCRAPO.COM PRIVACY POLICY

    For information on Scrapo's privacy practices, please see the entire privacy policy at http://www.scrapo.com/privacy.asp.

  6. INDEMNITY

    You agree to indemnify and hold Scrapo.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

  7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  8. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that Scrapo.com may establish limits concerning use of the Service and may modify these limits at any time.

  9. MODIFICATIONS TO SERVICE

    Scrapo.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Scrapo.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  10. NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

  11. TERMINATION

    You agree that Scrapo.com, in its sole discretion, may terminate your password, scrapbook, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Scrapo.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted scrapbook and all its parts, at Scrapo.com's discretion, will be terminated as well. Scrapo.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Scrapo.com may immediately deactivate or delete your Scrapo.com scrapbook and all related information and files. Scrapo.com reserves the right to bar any further access to such files or the Service. You agree that Scrapo.com shall not be liable to you or any third-party for any termination of your access to the Service. Basic and Premium accounts that are terminated will not be refunded.

  12. ADVERTISEMENTS AND PROMOTIONS

    Scrapo.com has decided to NOT HAVE banner advertisements and promotions on Scrapo.com scrapbooks. However, Scrapo.com reserves the right to run advertisements and promotions on the Scrapo.com service in the future. By using Scrapo.com, you agree that Scrapo.com has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Scrapo.com on your scrapbook are subject to change. You agree that Scrapo.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  13. LINKS

    The Service, or relevant third parties, may provide links to other web sites or resources. Because Scrapo.com has no control over such sites and resources, you acknowledge and agree that Scrapo.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Scrapo.com 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 content, goods or services available on or through any such site or resource.

  14. SCRAPO.COM PROPRIETARY RIGHTS

    You must acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Scrapo code and specifications are subject to their said or implied licenses.

  15. SCRAPBOOK CONTENT

    Guidelines for posting to your online scrapbook shall be as follows:

    1. All Content posted to Scrapo.com in any way, is the responsibility and property of the author. Scrapo is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any scrapbook Content. Within the confines of international and local law, Scrapo.com will not place a limit on the type, or appropriateness of user content within scrapbooks. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, Scrapo.com is committed to submitting all necessary information to the proper authorities;
    2. Should any Content be reported to Scrapo.com as being offensive or inappropriate, Scrapo.com might call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the Scrapo.com staff. Should the author fail to meet such a request from Scrapo.com staff, Scrapo.com has the full authority to terminate any such reported and verified offensive account holding such inappropriate content. Scrapo.com, however, is under no obligation to restrict or monitor scrapbook Content in any way;
    3. Scrapo.com claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the Scrapo.com staff in protecting such Content;
    4. Scrapo.com reserves the right, without limitation except by law, to serve user Content on the web according to the security provisions set forth by the author. Scrapo.com also reserves the right, without limitation, to resell any portion of a user's Scrapo back to that individual;
    5. You acknowledge that Scrapo.com does not pre-screen Content, but that Scrapo.com and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, Scrapo.com and its designates shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, Scrapo.com reserves the right to limit access to your scrapbook, if found in violation of the TOS, by removing the scrapbook and related user information from the member directory, search engine, and all other methods used in conjunction with finding Scrapo.com's users.
  16. MEMBER CONDUCT

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Scrapo.com does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Scrapo.com's sole discretion as to what action should be taken.

    You agree to NOT use the Service to:

    1. Upload, post or otherwise transmit any content that is in Scrapo.com's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
    2. Harm minors in any way, as seen by Scrapo.com or applicable law;
    3. Impersonate any person or entity, including, but not limited to, a Scrapo.com staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    5. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    8. Upload, post or otherwise transmit 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;
    9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    11. "Stalk" or otherwise harass another person or company;
    12. Collect or store personal data about other users for business purposes;
    13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
    14. Use Scrapo.com as a forwarding service to another website;
    15. Allow usage by others in such a way as to violate Scrapo.com's TOS;
    16. Engage in commercial activities within Scrapo or on behalf of Scrapo.com without prior approval. This includes, but is not limited to, the following activities:
      1. Displaying a banner that is designed to profit you or any other business or organization; and
      2. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

    If any user is reported to be in violation with the letter or spirit of these terms, Scrapo.com retains the right to terminate such account at any time without further warning.

  17. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCRAPO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    (b) SCRAPO.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCRAPO.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  18. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCRAPO.COM SHALL NOT BE LIABLE FOR ANY DIRECT, 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 SCRAPO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  19. GENERAL INFORMATION

    The TOS constitutes the entire agreement between you and Scrapo.com and governs your use of the Service, superseding any prior agreements between you and Scrapo.com (including, but not limited to, any prior versions of the TOS). The laws of the State of Oregon, U.S.A, shall govern the TOS and the relationship between you and Scrapo.com. without regard to its conflict of law provisions. You and Scrapo.com agree to submit to the personal and exclusive jurisdiction of the courts located within Washington County, Oregon, U.S.A. The failure of Scrapo.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

  20. VIOLATIONS

    If you notice any violations of this TOS("the Violation"), you agree that you will contact Scrapo.com with any information or leads related to the violation.
    You may contact Scrapo.com at violations@scrapo.com.

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