Please read these Terms of Use carefully before using this site. By using this site, you signify your assent to these Terms of Use. This site is owned and operated by ScrapShot Magazine & Designs.
These Terms of Use (as amended from time to time the "Agreement") sets forth the legally binding terms for your use of ScrapShot Magazine & Designs (SSM&D). By using , SSM&D you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse SSM&D Website) or you are a "Member" (which means that you have registered with SSM&D). The term "User" refers to a Visitor or a Member. If you do not accept and abide by this Agreement, you may not use the SSM&D service. You must be at least thirteen (13) years of age to use the SSM&D service.
This Agreement includes the SSM&D policy for acceptable use, your rights, obligations and restrictions regarding your use of SSM&D services and SSM&D Privacy Policy. SSM&D may modify this Agreement from time to time without notice and such modification shall be effective upon posting on the SSM&D Website. You agree to be bound to any changes to this Agreement when you use the SSM&D Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
For Future Development: When you register as a Member, you will create a username and password. The username selected must be unique and acceptable to SSM&D, and each member may only have one member name. Members are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under the username and password. SSM&D reserves the right to delete or refuse the registration of any account at any time for any or no reason or to refuse service to anyone at anytime without notice for any reason.
You agree that you are responsible for your own use of the SSM&D service, for any posts you make, and for any consequences thereof. You agree that you will use the SSM&D service in compliance with applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Please choose carefully the information you post on SSM&D and that you provide to other Users. Your SSM&D profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SSM&D assumes no responsibility or liability for this material. If you become aware of misuse of the SSM&D Website by any person, please contact SSM&D.
Prohibited Content includes, but is not limited to, Content that SSM&D determines in its sole discretion:
* Spam: Mentioning a company or service is acceptable. Constant posting of such information is considered spam. This may include: any advertising or soliciting including without limitation, advertisements, store announcements, for sale or trade, coupons, sales, consultants, and eBay postings. We reserve the right to delete any thread or posting containing any of these mentioned prohibitions. Accounts may be deleted without warning due to this infraction;
* is obscene or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* exploits people in a sexual or violent manner;
* contains nudity, violence, or offensive subject matter or contains a link to an adult website;
* provides any private and confidential information such as names, telephone numbers, street addresses, credit card numbers or Social Security Numbers;
* infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
* promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
* contains any viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
* interferes with the ability of others to enjoy our site.
SSM&D is most often a passive conduit for the information Users submit. We cannot and do not review every submission a User may make. SSM&D does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the SSM&D service or endorse any opinions expressed via the SSM&D service. You acknowledge that any reliance on material posted via the SSM&D service will be at your own risk. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of our sites if we believe you are violating any of the terms of this Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless SSM&D, its parents, affiliates, co-branders or other partners and their respective officers, directors and agents from any claim or demand, including reasonable attorneys’ fees, made or threatened by any third party due to or arising out of your use of or conduct on the SSM&D Website or a breach of this Agreement, including without limitation, with respect to any claim based upon transmission of your message(s) or your violation of any rights of another.
The SSM&D Website is for the personal use of Users only and may not be used in any commercial manner. You will not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services nor may you use any of the content on the SSM&D Website for commercial purposes. Chain letters, pyramid schemes and the solicitation of other members to join or become members of any commercial online service or other organization are also prohibited on SSM&D. You also agree to be respectful of SSM&D and its staff and other posters.
Links or pointers to Internet websites maintained by others are "third party sites" and are meant for convenience only. SSM&D has no control over such sites and resources and is not responsible for the availability of such external sites or resources and does not endorse and assumes no responsibility or liability for any content, advertising, products or materials on or available from such sites or resources. You are free to establish a hypertext link to SSM&D so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner. Without our prior written consent, you may not frame, or in-line link to, any of the content of our sites, or incorporate into any other website or service any of our intellectual property.
By displaying or publishing ("posting") any information, data, messages, text, graphics, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on the SSM&D Website, you hereby grant to SSM&D, a non-exclusive, royalty-free, worldwide license to use, copy, modify (to the extent required for formatting purposes), publicly display, store, reproduce, transmit, and distribute such Content on and through the SSM&D Website, including a right to sub-license the Content to SSM&D Users to permit them to copy and use the Content for their private, non-commercial use. This license will terminate at the time you remove such Content from the website. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the SSM&D servers after you have removed the Content from the website, and SSM&D retains the rights to hold those copies for its records. You represent and warrant that: (i) you own the Content posted by you on or through the website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the website.
You acknowledge that SSM&D or its affiliates owns all rights, title and interest in and to the SSM&D service, including all intellectual property rights (the “SSM&D Rights”). SSM&D Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the SSM&D service. You also agree that you will not use any robot, spider, or other automated device to monitor or copy any content from the SSM&D service. As described immediately above, SSM&D Rights do not include third-party content used as part of the SSM&D service, including the content of communications appearing on the SSM&D service, other than content provided by SSM&D or its affiliates.
You agree that SSM&D has no responsibility or liability for the deletion of, or failure to store or to transmit, any Content and other communications maintained by the SSM&D service. SSM&D retains the right to create limits on use and storage at its sole discretion at any time with or without notice.
SSM&D reserves the right to reveal your identity (or whatever information we know about you) in the following limited circumstances: (i) we have your consent to share the information, (ii) we need to share the information to provide a product or service you have requested, (iii) in response to subpoenas, court orders or legal process including in the event of a complaint or legal action arising from any message posted by you, or (iv) the health or well-being of you or another member or visitor is threatened.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.
By using the SSM&D Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of SSM&D does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SSM&D DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. SSM&D MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SSM&D SERVICES OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH SSM&D. SSM&D IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED ON THE SSM&D WEBSITE. THE SERVICES PROVIDED BY SSM&D AND ITS AFFILIATES ARE PERFORMED AND THE SOFTWARE USED IN CONNECTION WITH THE SSM&D SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SSM&D SERVICES AND THE INTERNET.
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.
UNDER NO CIRCUMSTANCES SHALL SSM&D OR ITS AFFILIATES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON SSM&D’ SERVICES OR FROM THE USE OR PURCHASE OF PRODUCTS PURCHASED THROUGH THE SSM&D WEBSITE, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SSM&D OR ITS AFFILIATES 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 SSM&D SERVICES, FROM INABILITY TO USE THE SSM&D SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SSM&D SERVICES (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 SSM&D WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE TWO WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SSM&D WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SSM&D WEBSITE. 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 SSM&D SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, SSM&D SERVICES.
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.
By using the SSM&D Website, you acknowledge and accept these terms.
Please click here to view SSM&D Privacy Policy.
COPYRIGHT AND TRADEMARK LEGAL NOTICE
The images displayed on this website are copyrighted and trademarked by their respective owners and are displayed with the express permission of the copyright and trademark owners. Any reproduction without express permission from the copyright or trademark owner is a violation of law and is prohibited. SSM&D and the developers of this site disclaim all liability related to the unauthorized copying, reproduction or other misuse of the images and products displayed.
If you believe that your work has been copied and is accessible on the SSM&D website in a way that constitutes copyright infringement, you may notify SSM&D by providing SSM&D 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 interest; 2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 3. identification of the URL or other specific location on the SSM&D site where the material that you claim is infringing is located; 4. your address, telephone number, and, if available, e-mail 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; and 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 owner or authorized to act on the copyright owner's behalf.
Pursuant to Section 512(c)(2) of the Copyright Revision Act (17 U.S.C. Section 512), as enacted through the Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to SSM&D designated agent as described below:
maryrose"at"scrapshotmagazine"dot"com
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