Conditions of Use

Conditions of Use The Scrapbook Page Websites Conditions of Use - Last Modified March 1, 2009 Introduction This website, and all other The Scrapbook Page, Inc. websites, including but not limited to www.scrapbookpagepacks.com, and www.thescrapbookpageonline.com, which may be encountered via the Internet or via computer kiosks available in our store (collectively, the "Scrapbook Page Sites", "Site" or "Sites"), are operated by The Scrapbook Page, Inc. (“Scrapbook Page Packs”, "The Scrapbook Page", “The Scrapbook Page, Inc. “, “The Page”, "We", or "Us"). The Scrapbook Page, Inc. provides its Sites to you subject to the following Conditions Of Use (the "Conditions"). By using the Sites, you agree to be bound by the Conditions. The Scrapbook Page, Inc. may, in its sole discretion, modify the Conditions without notice to you. Therefore, please continue to review the Conditions when using the Sites. By continuing to access and use the Sites after the Conditions have been modified, you are agreeing to such modifications. In addition, when using particular services or features, or when ordering products on the Sites, you shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Conditions. Purchasing Products If you make a purchase from any of The Scrapbook Page Sites, you are transacting with The Scrapbook Page, Inc., and ownership of any purchased items transfers to you immediately upon shipment. If you make a purchase from any third-parties advertised on or linked to from The Scrapbook Page Sites, you are not purchasing a product or service from The Scrapbook Page, Inc.  You agree that neither The Scrapbook Page, Inc. nor its affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from any third-parties advertised on or linked to from The Scrapbook Page Sites. The purchase of any product or service, from The Scrapbook Page Sites, is non-refundable and may not be returned. All sales are final. Registration You may be required to register for an account on the Sites in order to take advantage of certain features of the Sites, such as purchasing Products or using an online shopping cart. If you choose to register on the Sites, or if you otherwise provide information on the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Sites, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to The Scrapbook Page, Inc. that is false, inaccurate, outdated or incomplete, or The Scrapbook Page, Inc. has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, The Scrapbook Page, Inc. has the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you. Privacy Any registration or other information you provide to The Scrapbook Page, Inc. is subject to our Privacy Policy. For more information, see our Privacy Policy. Our Privacy Policy is hereby incorporated into the Terms by this reference. Member Account and Password If you choose to register for an account with any of The Scrapbook Page, Inc. Sites, you will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Scrapbook Page, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Scrapbook Page, Inc. (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Materials on the Site, Proprietary Use You acknowledge that all materials on the Sites, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by The Scrapbook Page, Inc. and/or its suppliers or licensors, all rights reserved. The Scrapbook Page, Inc. authorizes you to view, download, and/or purchase the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as stated herein, you may not copy, reproduce, distribute, republish, download, display, post, transmit, frame, or otherwise use any of the Materials in any form or by any means, without the prior written permission of The Scrapbook Page, Inc. or the respective intellectual property owner. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Sites, and you may not use any robot, spider, data miner, scraper, or other automated means to access the Sites for any purpose. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on The Scrapbook Page, Inc. Sites (including, without limitation, pagepacks ©, Scrapbook Page Packs, The Page, The Scrapbook Page, The Scrapbook Page, Inc., and any Marks associated with any Products) are the sole property of The Scrapbook Page, Inc. and/or its licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of The Scrapbook Page, Inc.  In addition, all page headers, custom graphics, button icons and scripts are Marks of The Scrapbook Page, Inc. and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of The Scrapbook Page, Inc.  The Scrapbook Page, Inc. will enforce its intellectual property rights to the fullest extent of the law. ‘pagepacks ©’ The Scrapbook Page, Inc. 2009  All rights reserved.  ‘pagepacks ©’ are strictly for personal use only.  No part of these ‘pagepacks ©’ may be reproduced or transmitted in any form or by any means, without prior written permission of the publisher.  The Scrapbook Page, 13205 Shawnee Mission Parkway, Shawnee, KS  66216   913-383-1552   www.scrapbookpagepacks.com       www.thescrapbookpageonline.com Submissions In the event that we provide users with any venues to submit opinions, reviews, ratings, information, ideas, suggestions, concepts, videos, audio content, or other material (collectively, "Submissions") on the Sites (collectively, "Venues", and including, but not limited to, bulletin boards, chat rooms, surveys or invitations to e-mail The Scrapbook Page, Inc. with questions or comments), you agree and warrant that any such Submissions are original with you and are accurate and current. You agree and warrant that you will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise violate any applicable law or right. You agree and warrant that you will not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights. You agree and warrant that the Venues will not be used by you for any commercial purposes. You agree and warrant that you will not submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You further agree that all "moral rights" that you may have in any submitted content have been voluntarily waived by you. You agree that any Submissions submitted by you to The Scrapbook Page, Inc. Sites through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by The Scrapbook Page, Inc. without restriction. Without limiting the foregoing, by offering any Submissions through the Sites, you grant to The Scrapbook Page, Inc., the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you. The Scrapbook Page, Inc., reserves the right, in our sole discretion, to edit any Submission, and to choose to include or not include such Submission in any Venue for any reason. We are not responsible for screening, monitoring or verifying any Submissions (subject to the "Copyrights and Copyright Agent" paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of The Scrapbook Page, Inc.  The Scrapbook Page, Inc. does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Sites. Links and Third Party Content Links on the Sites to third-party websites are provided to enhance your The Scrapbook Page, Inc. experience and to provide you with the opportunity to utilize value-added entertainment and educational content. If you use these links, you will leave the Sites. Any information you provide to these third-party websites while on these third-party websites is subject to the respective third-party's privacy policy, and not Borders Privacy Policy. The Scrapbook Page, Inc. does not control any such third-party websites. You agree that neither The Scrapbook Page, Inc. nor any of its parent or subsidiary companies will be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. The Scrapbook Page, Inc. does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party sites. You will use these links at your own risk. Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that neither The Scrapbook Page, Inc., nor its affiliated companies shall 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 third-parties on The Scrapbook Page, Inc. Sites. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE SCRAPBOOK PAGE,INC., ITS PARENT AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "SCRAPBOOK PAGE PARTIES") EXPRESSLY DISCLAIM 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. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE SCRAPBOOK PAGE, INC., MAKES NO WARRANTY THAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SCRAPBOOK PAGE, INC., OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SCRAPBOOK PAGE PARTIES 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 THE SCRAPBOOK PAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (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 SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES. If you are dissatisfied with any The Scrapbook Page, Inc. material, or with any of The Scrapbook Page, Inc. terms and conditions, your sole and exclusive remedy is to discontinue using The Scrapbook Page Inc.’s Sites and Services. Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnity You agree to indemnify and hold The Scrapbook Page, Inc., and its parent and subsidiary companies harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of the Terms or your violation of any law or the rights of a third party. Intended Audience Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available in the United States and its territories and possessions. The Scrapbook Page, Inc. controls and operates the Sites from its offices located in the State of Kansas in the United States of America. The Scrapbook Page, Inc. makes no representation that Materials contained on the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Scrapbook Page, Inc. does not intend its Sites and/or Services to be used by individuals under the age of 18 without the supervision of a parent or guardian 18 years of age or older. The Scrapbook Page, Inc., relies upon parents or guardians 18 years of age or older to determine if the Sites and/or Services are appropriate for the viewing, access, or purchase by such individuals under the age of 18. If an individual under the age of 18 uses The Scrapbook Page, Inc. Sites and/or the Services, such individual may only use the Sites and/or Services under the supervision of a parent or guardian 18 years of age or older. Copyrights and Copyright Agent The Scrapbook Page, Inc. respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Sites and/or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Scrapbook Page, Inc.’s Copyright Agent the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. A description of the copyrighted work or other intellectual property that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the site; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The Scrapbook Page’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o The Scrapbook Page 13205 Shawnee Mission Parkway ATTN: Legal Department Shawnee, KS  66216 By phone: 913-383-1552 By email: scrapbookpage@aol.com Termination The Scrapbook Page, Inc. reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Sites and/or Services, and to block or prevent future access to and use of the Sites and/or Services for any reason, including your breach of the Terms or other conduct by you that The Scrapbook Page, Inc. considers inappropriate. The Scrapbook Page, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and/or Services (or any part thereof) with or without notice. You agree that neither The Scrapbook Page, Inc. nor any of its parent or subsidiary companies shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites and/or Services. Dealings with Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of the Sites and/or Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third-parties. You agree that neither The Scrapbook Page, Inc., nor its parent or subsidiary companies shall 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 or third-parties on the Services. Governing Law The Conditions shall be exclusively governed by and construed in accordance with the laws of the State of Kansas within the United States of America without giving effect to any principles of conflicts of law. If any provision of the Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Conditions and shall not affect the validity and enforceability of any remaining provisions. The Scrapbook Page, Inc. makes no representation that the Conditions comply with the laws of any other country. Visitors who use the Sites and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of your use of the Site(s), you agree not to transfer, by electronic transmission or otherwise, any Materials derived from the Sites and/or Services in violation of any laws. Notices By use of the Sites and/or Services, you consent to receive electronic communications from The Scrapbook Page, Inc. (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. Contacting Us If you have any comments or questions regarding these Conditions of Service, or wish to report any violation of these Conditions of Service, please contact us at scrapbookpage@aol.com.  We will address any issue to the best of our abilities as soon as possible.