Scrapbooking Society Terms and Conditions of Use
Effective Date; January 1, 2011
Scrapbooking Society Terms and Conditions of Use
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING THE Scrapbooking Society SITE AND THE SERVICES OF THE WEBSITE (the "Terms and Conditions"). BY ACCESSING THE WEBSITE YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE WEBSITE.
BY ACCESSING Scrapbooking Society.COM YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS. YOU ALSO AGREE TO REVIEW THESE TERMS AND CONDITIONS PERIODICALLY AND TO BE AWARE OF ANY AND ALL MODIFICATIONS MADE TO THESE TERMS AND CONDITIONS. Scrapbooking Society MAY MAKE MODIFICATIONS AT ANY TIME WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WEBSITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED TERMS AND CONDITIONS.
The term Scrapbooking Society or "us" or "we" or "the Company" refers to the owner of the Scrapbooking Society Website. The term "you" or "visitor" or "member" or "subscriber" refers to the user or the viewer of the Website whether you are a registered member/subscriber or not.
The following Terms and Conditions govern your use of the Scrapbooking Society Website, and any content made available from or through this Website, including any sub-domains thereof (the "Website"). The Website is made available by Scrapbooking Society ("we" or "us"). We may change the Terms and Conditions periodically, and at any time without notice to you, by posting such changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
The Website provides a networking society (community) for entrepreneurial women and professional women which includes women in business for themselves and women that may benefit from promoting themselves whether they are an owner of a business or not. The Website also provides forums such as blogs, web links, e-mail links and other messaging and communication tools (collectively referred to herein as "the Services"). In order to use the Services you must agree to these Terms and Conditions before you may access and/or use the Website.
Please read these Terms and Conditions carefully. By accessing and using the website, you represent and warrant that you are over the age of eighteen (18) and that you have the right, authority and capacity to agree to these Terms and Conditions.
Access to areas of the Website that are password-protected and/or secure are restricted to Scrapbooking Society "members" only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.
LIMITATION OF LIABILITY
UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL Scrapbooking Society OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AND CONTRACTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE Scrapbooking Society WEBSITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREIN, EVEN IF THE Scrapbooking Society OR A Scrapbooking Society REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.
Scrapbooking Society makes the materials on this Website including all information, documents, communications, files, text, graphics, software and products included on the Website (collectively referred to as "Materials") available for your use subject to these Terms and Conditions and any amendments to these Terms and Conditions made by Scrapbooking Society from time to time . By downloading, installing, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download, or install the Materials.
Every effort is made to keep the Website up and running smoothly, however, Scrapbooking Society takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control. Service requests should be sent to support at firstname.lastname@example.org.
This Website and its Materials is copyright of Scrapbooking Society-copyright notice 2010, All Rights Reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk any extracts made available to you via our download area for your personal use
- You may download and display the Scrapbooking Society images, and/or banners specifically made available to you to post on your website and/or printed materials
You may not, except with our express written permission, distribute a list of our members or commercially exploit our members. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
The information contained on this Website is for general information purposes only. The information is provided by Scrapbooking Society and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the loss of data or profits arising out of, or in connection with, the use of this Website.
Links to Other Sites Third Party Products and Services
Through this Website you are able to link to other websites which are not under the control of Scrapbooking Society. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed therein.
Third-party websites: the Website and/or Services may provide hyperlinks, banner advertisements, pop-ups and/or other online methods to redirect you to other third-party internet websites and/or resources. Because Scrapbooking Society has no control over such websites and/or resources, or information, you hereby acknowledge and agree that Scrapbooking Society is not responsible for the availability of such third-party websites and/or resources. Furthermore, Scrapbooking Society does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials act or unavailability through such third party websites or resources, or for any damages and/or losses incurred through such websites or other resources.
Scrapbooking Society is not directly affiliated with outside sites and makes no representations or warranties about any other site or material that you may access through links or other references on this Website. You do so at your own risk. The presence of a link to a non-Scrapbooking Society site(s) or materials does not imply that Scrapbooking Society endorses or accepts responsibility for the content or use of such sites or materials.
Access to Password-Protected or Secure Areas:
Scrapbooking Society may restrict some areas of the site to authorized users ("members") only. These members only sections will be clearly identified on the Website.
Username and Password:
You will be asked during the registration process to choose a username and password. We reserve the right to refuse to grant you any username, in our sole discretion, if the username that you choose is invalid. Invalid usernames include, but are not limited to, usernames that are vulgar or offensive; usernames that attempt to impersonate another individual or company; and/or usernames which violate trademark law, which may cause confusion or which violate any other proprietary rights of any company or individual.
Scrapbooking Society cannot and will not explicitly guarantee that the username you choose will be available. If the username you choose is taken you will be notified during the registration process that you need to choose a different username.
You agree that you are solely responsible for any and all activities that are conducted using your account. Please keep your username and password confidential. You agree that you will not transfer, resell or allow any other third party to use your username and password to access the Website. If you have reason to believe that your username and/or password have become compromised, you agree to immediately notify Scrapbooking Society of such event by e-mailing Scrapbooking Society email@example.com.
For security reasons, Scrapbooking Society will not release username or password information for any reason, other than to the applicable user, except as may be specifically required by law or court order.
Modifications to the Service and Prices:
Scrapbooking Society reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service(s), with or without notice. Prices of all Services, including but not limited to, annual subscription membership fees for the Service(s), are subject to change upon 30 days notice from us. Such notice of a price change shall be provided no less than thirty (30) days prior to the date the change will take effect by posting the changes to the Website at www.scrapbookingsociety.com. Scrapbooking Society shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Service(s).
Copyright and Content Ownership:
Limited, Non-Exclusive License:
You are granted a non-exclusive, non-transferable, limited license to access and use the Services and the Website in accordance with these Terms and Conditions ("License"). This License may be revoked at any time at the sole discretion of Scrapbooking Society. The License permits you to access and use the Services and Website for your own personal use. No part of the Website and/or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. The License specifically prohibits you from copying comment, emulating, renting, leasing, transferring, disassembling, cloning, attempting to discover the source code for or reverse engineering the Website and/or Services or any portion thereof.
In addition, your License specifically prohibits you from using any software, device or routine to interfere with the normal or proper working order of the Website or Services. You may not engage in any action, which creates an unreasonably large load of data or activity on Scrapbooking Society's infrastructure. Unauthorized access to the Website and/or Services breaches these Terms and Conditions and is a violation of applicable law.
Scrapbooking Society claims no intellectual property rights over the material you provide to the Website. Any copyright, trademark, and other intellectual property rights that may exist in those works are the sole and exclusive rights of the author/artists who created such work. By posting such material in any of the public areas of the Website, you automatically represent and warrant that you have the right to grant, and have chosen to grant, a perpetual, revocable license to copy, perform, display and distribute such content.
Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content. Scrapbooking Society reserves the right to prescreen content and approve content before it goes live on the Website. Scrapbooking Society, the company, and its designees have the right, but not the obligation, in their sole discretion to refuse or remove any content that is on the Website, whether posted by Scrapbooking Society, the company or by a Scrapbooking Society member or a former Scrapbooking Society member.
All of the content, organization, graphics, design, compilation, software, services, programming code, digital conversion, and any other matters related to the Website and Services, are the sole property of Scrapbooking Society, except where specifically indicated. As such, they are protected to the maximum extent permitted by copyright laws, including common law, trademark laws, other proprietary laws (including, but not limited to, intellectual property and trade secret laws) and international treaties.
The look and feel of the Website, including all graphics and functionality of the Website are copyright of Scrapbooking Society. All rights reserved. You may not duplicate, copy or reuse any portion of the HTML/CSS or visual design elements without express written permission from Scrapbooking Society. In the event that a user violates any portion of these Terms and Conditions, Scrapbooking Society may pursue all legal remedies, both in law and equity, available to us.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary for the use of the Website.
Your use of the Website and/or Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Technical support is only provided to paying account holders and is only available via e-mail and or telephone. You understand that Scrapbooking Society uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. We may, but have no obligation to, remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions. Verbal, physical, written or other abuse (including threats of abuse or redistribution) of any company, customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the Services, including your content may be transferred unencrypted and it involves (A) transmissions over various networks: and (B) changes to conform and adapt to technical requirements connecting networks or devices. You must not upload, post, host, or transmit unsolicited e-mail, or "Spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. Scrapbooking Society reserves the right to refuse membership or terminate membership without refund to anyone that does not follow these Terms and Conditions.
Members, listings, classifieds, events, promotions, girl talk comments, blog posts, and any Scrapbooking Society, opinions, statements, profiles, offers or other information or content made available through the Services on the Website are wholly the responsibility and work of their respective authors/artists and not of Scrapbooking Society. Reliance on the statements therein is done at the user's own risk. Each respective authors/artist is responsible for the content of his or her statements or other information posted on the Website. Scrapbooking Society does not guarantee the accuracy, completeness or usefulness of any information available on the Website and/or through the Services and neither adopts, endorses nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Website. By using the Services and the Website you affirm that you understand this and that you hold Scrapbooking Society harmless from any and all loss or damage resulting from the reliance on or use of any information or other content posted on the Website.
IIn addition, you agree that you are solely responsible for any content that you post, e-mail or otherwise make available through the Services on the Website and that you have the right to post such material. In the event that Scrapbooking Society is sued or any other action is taken against it due to any content posted on the Website violating any Copyright or Trademark restrictions, the member posting such content shall be responsible for payment or reimbursement of any fees, including but not limited to, court costs, damages and attorney's fees, associated with such action to Scrapbooking Society.
Members shall not engage in activity that is disruptive or harmful to the Website or community or that may damage the reputation of Scrapbooking Society. Members who engage and/or participate in unprofessional practices or behavior, in the sole discretion of Scrapbooking Society, will be in direct violation of the these Terms and Conditions and Scrapbooking Society reserves the right to cancel a membership/subscription or refuse a membership to any member and/or potential member that engages and/or participates in such behavior.
User agrees to refrain from doing, either personally or through an agent, any of the following "Prohibited Conduct":
- Transmit, install, upload or otherwise transfer any virus, worms, advertisements, communication, or other item to process the Website that in any way affects the use, enjoyment or service of the Website, or adversely affects Scrapbooking Society's computers, servers, or databases
- Download, save, upload, print, screen capture or otherwise retain information and content available on the Website other than what is expressly allowed by these Terms and Conditions
- Permit or provide others to use your username and/or password to access the Website members only areas
Scrapbooking Society has no obligation to review any of the postings on the Website. However, Scrapbooking Society reserves the right, but has no obligation, to reject any memberships, postings, photographs, video, audio files, and/or images that do not comply with the Prohibited Conduct. Engaging in any of the aforementioned Prohibited Conduct shall be deemed a breach of these Terms and Conditions and may result in the immediate termination of your membership without notice. Scrapbooking Society reserves the right to pursue any and all legal remedies against users who engage in such Prohibited Conduct.
As a user of the Services on the Website, you agree that you are solely responsible for the content and/or information that you publish, transmit and/or post on the Website. You agree to use the Services and Website in a manner that conforms to any and all applicable laws and regulations.
Interacting with Other Users:
Scrapbooking Society does not control the information that is provided and/or posted by members for our Services on the Website. Please use common sense and caution and keep your safety in mind when dealing with other users on the Website.
Scrapbooking Society is under no obligation to monitor any dispute between members. You are solely responsible for any interaction that you have with other users or third parties that you may encounter through our Services and/or Website. In the event that you have a dispute with any other member or third party found through the Services and/or Website, you agree to hold Scrapbooking Society, its officers, directors, agents, successors in rights, subsidiaries and employees harmless in any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes and release Scrapbooking Society, its officers, directors, agents, successors in rights, subsidiaries and employees from any liability connected with such disputes.
If you are a California resident, you agree to specifically waive California Civil Code section 1542, which states that, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him/her must have materially affected his/her settlement with the debtor."
Membership Billing Conditions and Policies:
Fees, Renewals, Cancellation and Refund Policies;
Scrapbooking Society's Membership Program is an annual subscription service. All Scrapbooking Society memberships are charged the annual subscription rate beginning with the date that you join to the same date the following year, commonly referred to as a fiscal year. The annual fee charged for Scrapbooking Society membership is non-refundable. All memberships are non-refundable. Annual memberships are billed in advance and remain in place for the period of twelve (12) months from the date of purchase.
Your per year, annual subscription, automatically renews yearly until cancelled by you, the subscriber. Your membership/subscription automatically renews on the same date each corresponding year or on final date of month if there is no corresponding date (the "Renewal Date"). For example, if you join on February 29, on a leap year and there was no February 29th on the following year, your subscription would renew on February 28 on each future year. The membership/subscription fee will be charged on or no more than five (5) days prior to your Renewal Date. Membership/subscription fees are nonrefundable; except that the member/subscriber may cancel a renewed subscription in writing within three calendar days after the Renewal Date and receive a full refund of the renewal subscription fees.
Discounts, rebates, promotional codes or any other special offers are only valid for the initial membership/subscription term. Membership/subscriptions will renew at the then current full subscription rate.
Scrapbooking Society may increase subscription fees for a subsequent membership/subscription period at any time and for any reason, provided however, that Scrapbooking Society provides notice at least 30 calendar days prior to the expiration of the membership/subscription. Scrapbooking Society may terminate the membership/subscription if unable to renew the membership/subscription based on inaccurate or outdated credit card information. It is the sole responsibility of the member to provide updated credit card information to Scrapbooking Society. Right of access to the Website is granted under these Terms and Conditions effective only upon payment of the membership/subscription fees.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Unless otherwise expressly stated, all prices shown are in United States dollars (USD).
You may be contacted within 60 days of your anniversary date of your membership sign-up to remind you that your annual membership/subscription fee will be charged automatically within the next 60 days. You may be contacted again with a reminder 30 days from your renewal date to remind you that your annual membership/subscription fee will be charged automatically within the next 30 days. If you choose not to renew your annual membership/subscription you must send us your cancellation notice via the cancellation e-mail link on the member area homepage.
You agree to be charged for a subscription service. You will be billed for a one year membership upon signing up with the Website, and you will be automatically billed on an annual basis until you cancel your membership/subscription. You may cancel your subscription for membership on the Website when you log into the member area. On the home page in the member area you will see a cancellation e-mail link. If you cancel your membership/subscription before your yearly subscription renewal date, you will not be billed for the following year. The annual fee charged for Scrapbooking Society Membership is non-refundable.
A valid credit card or bank account is required for paying your membership fee, banner advertisement fees or any other services purchased from Scrapbooking Society.
Membership Cancellation and Termination:
You are solely responsible for properly canceling your membership. A phone request to cancel your membership is not considered cancellation. You may cancel your membership at any time by signing in and clicking on the cancellation link on the home page of the member area.
You may cancel your membership at any time; however, there will be no refunds or credits for partial months of service, or refunds for months unused. In order to treat everyone equally, no exceptions will be made.
DISCLAIMERS AND LIMITATION OF LIABILITY
ALTHOUGH Scrapbooking Society HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, Scrapbooking Society MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
These Terms and Conditions shall be governed by the laws of the State of Texas, United States of America, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Houston, in the State of Texas. These Terms and Conditions will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If either Scrapbooking Society or you employs any attorneys to enforce any rights arising out of these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.