Scrapbook Flair Groups Beta: Terms of Use

Let's start with the basics: common courtesy and decency. This is a family oriented website and as such should be governed by a sense of common courtesy and common decency. Its fine to made constructive comments or funny comments about someone's work, but it's not fine to be insulting, pejorative or defamatory. This is not an adult site, so please do not attempt to post adult content. We review every scrapbook that is posted and will not accept content that in our opinion is not appropriate, in good taste, or is otherwise offensive. Of course, we will all try to obey the laws and while doing so, have FUN in posting and sharing our scrapbooks and memories. We welcome people of all nations, races and faiths to participate in Scrapbook Flair and welcome your suggestions on how to improve our community.

This section covers the operating rules for the site. If you have questions beyond this, please refer first to the FAQs section (frequently asked questions) in the lower menu. Within these rules and throughout this website are links (hypertext links) that look like this: Site Rules and will take you to that named section when clicked.

MEMBERSHIP - The purpose of a ScrapbookFlair Membership is to be able to create and share scrapbooks with your friends, family, colleagues or anyone you like and do so in an organized way through our website community and within the ethical bounds of the community. Occasionally, people join for Memberships for other purposes or purposes that may not be in the best interest of the community and these Members may be deactivated and removed at any time at the sole discretion of ScrapbookFlair.com.

COST OF MEMBERSHIP - This is a free website with free software and many free services. Once you Join for your free membership, you are given 10 MB of free storage space (10MB = approx. 20 - 40 scrapbook pages), and you buy additional space as you need it. You can see how much space you have left from your Home Page under Change My Settings.

In the Scrapbook Flair Community there are also opportunities to buy things including: (1) Additional storage space for your scrapbooks [$1.00 per month per additional 10 MB], (2) templates and backgrounds from other scrapbookers, (3) other products/services that will be offered over time. For services or artwork where a fee is involved, that fee will be clearly marked, otherwise the service is free. We encourage members to buy our additional services as it provides us with the funds to offer and grow the free services.

MEMBERSHIP AGE REQUIREMENTS - At ScrapbookFlair.com, there is no minimum age requirement. However, we require anyone under 18 must join with a parent or legal guardian’s consent and that parent/guardian will have access to your scrapbooks, messages and files at all times, until you turn 18. To enable this, (1) for anyone under 18 who is joining as a Member, we require your birthday as well as the email address and approval of the parent or legal guardian at the time you join, (2) we provide user name and password access to your parent/guardian so they can monitor any and all aspects of your correspondence or involvement on the site from any computer. It is then up to the parent/guardian to monitor the young person’s activity. This access terminates the day after the Members 18th birthday and the Member will have the option of choosing a new User Name and Password. As parents ourselves, we thought this was the most practical policy in terms of allowing young people to share the joys of scrapbooking while enabling their parents/guardians to ensure that nothing bad (or inconsistent with the parent’s/guardian’s wishes) happens as a result of the young person's participation on ScrapbookFlair.com.

PUBLIC VS. PRIVATE - At ScrapbookFlair.com, there are several ways you can share your scrapbooks and ideas with others; but put succinctly: you can share your scrapbooks with exactly who you want, when you want. When you upload a scrapbook using Scrapbook Flair software, you are asked to 'choose privacy for this scrapbook' - whether this scrapbook should be Public or Private. If you choose Public, then it can be viewed throughout the site and in all the Galleries you choose to post it in. You can change the galleries at any time or make a public scrapbook private at any time.

If you choose Private, you are asked: 'Private to Me Only' or 'Private to My List.' If you choose private to my list, you can then share it with an unlimited number of Lists: friends, family, colleagues, or just one other person - all you need is their email address. Your ScrapbookFlair.com Friends are also one of your lists; see below. You can also have scrapbooks that are only for you - so you can review them in private. You can also change your privacy settings for any of your scrapbooks at any time.

LISTS, FRIENDS, & FANS As a Member on ScrapbookFlair.com, you can have any number of lists of people with whom you want to share your scrapbooks, and you have a special list called your "Friends". Friends must be other Members of Scrapbook Flair and you must approve each other as Friends. Any time one of your Friends posts a scrapbook, it will show up in your Message Center. From time to time you will also get a message that someone has become your Fan. Any site member is entitled to become the Fan of another Member. That entitles you to see any of the public Scrapbooks put out by that Member.

YOUR HOME PAGE Once you Join as a Member, you will immediately receive a Home Page. On subsequent sessions, after you Sign-In, you can always go to your Home Page by clicking on My Home in the Upper Menu. As the name implies, your Home Page is the front entrance to all your scrapbooks and accordingly, should be your expression of yourself. It contains many things including scrapbooks that you have chosen to display from your own and others. It also shows a pictorial list of your Friends and Fans. Your Home Page can be customized by changing the background and highlight colors under Change My Settings

MISSTATEMENTS What are misstatements you ask? It’s the name we’ve given to scrapbooks or single pages where balloon text is used to put words in people’s mouths, or thoughts in their heads. Since there’s no way to know what a person was actually saying or thinking, we assume all these things are incorrect and therefore have generalized by calling them Misstatements. Misstatements have their own unique wit and charm to them, so we’ve given them their own gallery and even their own Hall of Fame. All in all, misstatements speak for themselves, and that having been said; any resemblance of persons appearing anywhere on ScrapbookFlair.com to people in real life, living or dead, is purely coincidental and the owners and operators of ScrapbookFlair.com assumes no liability for any content that is posted by 3rd party Members. If ScrapbookFlair.com receives a report about one of a Member's scrapbook(s), claiming it is defamatory, libelous or in violation of some laws to that effect, we reserve the right to suspend the display of this scrapbook until the challenge can be resolved. Should this occur the Member will be contacted directly and asked for an explanation. In all cases, the decision to display a scrapbook will be in the sole discretion of ScrapbookFlair.com, to be superseded only by a court ruling.

VOTING /\ TOP 20 /\ SCRAPBOOK/WEEK'S FUNNIEST SCRAPBOOK /\ HALL OF FAME /\ FEATURED SCRAPBOOKS

VOTING. If you are posting scrapbooks, you now have the option to turn voting on or off. If you want to compete for the various awards, you need to have your voting switched on. On is the default mode.

Once a Member has signed in, they can vote for scrapbooks by clicking on a scrapbook thumbnail and going to the scrapbook's Detail Page. At the bottom of the Scrapbook will be your voting range of 1 - 10 (10 being best). By voting for a scrapbook, your vote will be counted on a cumulative basis with other Members. You can only vote once for each scrapbook (once you vote for a scrapbook, the voting range goes away - so if you don't see a voting range, either you've already voted for it or you are not signed in). Members who have registered with invalid email addresses are not eligible to vote and may have their voting privileges suspended. Latest scores appear on a real-time basis on the scrapbook Detail Page and in the scrapbook thumbnail captions. Members can vote more than once for a scrapbook, if that additional vote(s) is in a Challenge or Contest -- but only using the Challenge voting system (and you can only vote once in each challenge). It is prohibited to create multiple memberships for people other than yourself for the purpose of increasing Voting or Challenge scores or to vote the accounts of others as it is simply not fair. Please respect your fellow members and adhere to the rule: for each scrapbook, one vote per member.

CONSISTENT LOW VOTING. It is discourteous and also inappropriate to give consistently low votes (3 or less) to most scrapbooks, particularly if they are all the same Member's pages. If you really don't like someone's work, better to adhere to the adage: better to say nothing, please. In any case, consistent low voting is prohibited by the Site Rules as it discourages creativity and you can lose your membership over it – please don't do it.

TOP 20. For every scrapbook, we recalculate its score on a real-time basis. In the Top 20 galleries, the scrapbooks with the Highest Rank (highest score) and Most Views (highest number of views), are resequenced at least once an hour based on the latest votes.

SCRAPBOOK/WEEK'S FUNNIEST SCRAPBOOK. At the end of every week, the Scrapbook and the Funniest scrapbooks with the highest score per Member for the preceding 7 days will be made Scrapbook of the Week, and Week's Funniest Scrapbook. Only scrapbooks submitted in that 7 day period are eligible. Each week ends Sunday night @ 11:59 pm EST and the new winners are posted sometime early Monday morning. These appear on the ScrapbookFlair.com Home Page.

HALLS OF FAME. The weekly winners of Scrapbook of the Week and Week's Funniest Scrapbook automatically end up in their corresponding Hall of Fame. These appear on the main Galleries page.

EDITOR'S CHOICE. On a regular basis, the Editors of ScrapbookFlair.com will select a scrapbook that's really unusual, unique, clever or just plain fun! Editor's Choice scrapbooks appear on the main Galleries page and have their own Hall of Fame.

CHALLENGES. Any member can start a Scrapbook Flair Challenge. It is the challenge owner's responsibility to manage the challenge by providing detailed challenge requirements and setting the time frame. The challenge owner is responsible to remove any pages that do not meet the requirements.

CHALLENGES REQUIRING COPYRIGHTED MATERIAL. If you wish to create a challenge that requires the use of someone else’s (other than your own) copyrighted material, you must have permission in advance from the copyright owner and provide us with: (1) a copy of the written permission, (2) contact information so that we may verify the permission. You as the challenge owner are responsible for obtaining that permission and forwarding it to the following email address: CopyrightClearance@ScrapbookFlair.com. We will promptly validate your clearance and enable your Challenge as soon as the permission is verified (NOTE: this is for your legal protection as well as ours).

SPONSORED CHALLENGES. A Sponsored Challenge is any challenge that includes a free kit or gives away a prize to the winners. All Sponsored Challenges must be approved by Scrapbook Flair and will require compensation. Please contact us at support@scrapbookflair.com if you would like to sponsor a challenge.

OWNERSHIP & COPYRIGHTS. Simply put, any scrapbooks you post should contain your own copyrighted material that either you have created, received for free (like free artwork from ScrapbookFlair downloads), or purchased / licensed or legitimately received free from another source. If ScrapbookFlair.com receives a report about a scrapbook, challenging its authenticity or alleging copyright infringement, we reserve the right to suspend the display of this scrapbook until the challenge can be resolved. Should this occur with a Member's scrapbook, the Member will be contacted directly and asked for an explanation. In all cases, the decision to display a scrapbook or artwork (backgrounds, embellishments and/or templates) will be in the sole discretion of ScrapbookFlair.com, to be superseded only by a court ruling. We take copyrights and digital piracy seriously and in every case of a challenge, ScrapbookFlair.com will try to do the right thing according to the copyright laws of the United States. Any artwork offered for free by Scrapbook Flair has been purchased or legitimately obtained for the express purpose of free distribution and a designer has been paid or otherwise compensated in exchange for those rights. SCRAPLIFTING: As it is an accepted industry practice to scraplift (use another’s design as inspiration with proper credit), we support this policy with the following conditions: (1) the owner of the artwork or kit should be notified of its usage, and (2) the appropriate credit be provided in the Design Credits for that page. (3) The design should be used as inspiration only and not copied exactly. Members should not scraplift designs that are available for sale without the written permission of the designer.

Posted Content. SFC reserves the right to remove any posted material (scrapbooks, images, graphics, etc) at its discretion for any reason at any time.

Non-Solicitation. The Scrapbook Flair Community is dedicated to providing our Members with the most enjoyable environment possible. A significant number of Members have asked us to minimize on-site solicitations and subsequently, we structured the Scrapbook Flair Community as a commercially restricted site. Solicitation for commercial business within the Community site is forbidden with the exception of certain designated areas such as: Display Advertising, the MarketPlace, Sponsored Challenges or other designated Advertising programs. Areas restricting solicitation include (but are not limited to): Scrapbook Detail pages, Personal Home pages, Forums, Blogs, Groups, Challenges and the Member message system which should not be used for commercial solicitation of any kind. Also all Member's Privacy should be respected per our Privacy Policy. Together these policies should minimize intrusive commercialization while still allowing for Design Credits: [EXAMPLE: If you are a designer, it's fine to describe your work and show examples of your designs in your pages and also give the name of another site where it's available in Design Credits; however please see separate rules regarding Links. It is not acceptable to discuss prices, discounts, promotions, or send members from the community site, etc.]. Members violating these rules on non-solicitation may be personally and/or have the corresponding business suspended or banned from the community. If you have questions about your options on promoting a business or would like to propose a commercial partnership with Scrapbook Flair, please click here.

1. ACCEPTANCE OF TERMS

The Scrapbook Flair Community ("SFC"), comprised of the internet sites ScrapbookFlair.com, AuroraDigitalImaging.com or other sites that may be added to this list from time to time, (the "SFC Sites"), provides the information and services on SFC Sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of SFC Sites constitutes agreement with such Terms.

Before using SFC Sites, please carefully read this agreement relating to your use of SFC Sites. By using SFC Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use SFC Sites.

SFC reserves the right, at SFC's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, SFC intends to provide users with up to fourteen days of advance notice). Your continued use of the SFC Sites following the posting of changes to these Terms will mean that you accept those changes.

Use of SFC Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept SFC's Terms, he or she is not granted rights to use SFC Sites as defined herein, and should refrain from accessing SFC Sites.

To update these Terms, SFC will post both the changed version and its effective date at http://www.ScrapbookFlair.com/SiteRules.aspx

SFC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all SFC Sites (or any part thereof). SFC shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. NO UNLAWFUL OR PROHBIITED USE

By using SFC Sites, you warrant to SFC that you will not use SFC Sites, or any of the content obtained from SFC Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the SFC Sites automatically terminates.

3. REGISTRATION OBLIGATIONS

When requested, each SFC Site Member must: (1) personally provide true, accurate, current and complete information on the SFC Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, SFC has reasonable grounds to suspect that any Member's information is untrue, inaccurate, not current or incomplete, SFC may suspend or terminate that Member's account and prohibit any and all current or future use of the SFC Sites (or any portion thereof) by that Member other than as expressly provided herein.

Each Member will select passwords as part of completing certain SFC Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. SFC cannot and will not be liable for any loss or damage arising from a Member's failure to comply with this Section 3, including any loss or damage arising from any Member's failure to: (1) immediately notify SFC of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.

SFC handles user Registration Data in accordance with the SFC Sites' Privacy Policy.

All information, scrapbooks, data, text, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the Member, and not SFC, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the SFC Sites. No Member shall transmit Content or otherwise conduct or participate in any activities on SFC Sites that, in the judgment of SFC, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the appropriate and permissible uses of intellectual property.

SFC shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. SFC, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by SFC to protect the rights, property, or personal safety of SFC Sites' users and the public. SFC does not control the Content posted to the SFC Sites and, as such, does not guarantee the accuracy, integrity, quality or ownership of such Content. Under no circumstances will SFC be liable in any way for any Content, including, but not limited to, liability for any errors, omissions or authenticity in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via SFC Sites.

Each user, by using SFC Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user 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.

SFC urges its members in every way to use original material, such as their own photos, or artwork they have legally licensed, purchased or received for free. If however, a piece of artwork appears in an unauthorized manner and you wish to report it to SFC for review and potential removal, please email us, or write us at the address below:

ScrapbookFlair.com
P.O.Box 3660
Alpharetta, GA 30023-3660

5. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE SFC SITES:

Use, reproduction, modification, and other intellectual property rights to data stored on the SFC Sites will be subject to licensing arrangements that are approved by the copyright holder and may be approved by SFC as applicable to such Content.

With respect to scrapbooks, graphics, or text entered into and stored by publicly-accessible site features such as forums, comments, poems, and questions ("SFC Public Content"), the submitting Member retains ownership of such SFC Public Content; with respect to publicly-available compilations of scrapbook thumbnail images, forums, groups, Top 20 lists, Halls of Fame, that are generated by the site for display, such content is owned by SFC. In each such case, the submitting Member grants SFC the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

With respect to Content posted to private areas of the SFC Sites (e.g., private scrapbooks, messages or mail), the submitting Member may grant to SFC or other SFC Site Members such rights and licenses as the submitting SFC Member deems appropriate.

6. COPYRIGHTED MATERIAL

You agree that in no circumstances will copyrighted materials (for example, copyrighted music files) be uploaded and/or shared through the SFC service, unless they are yours and/or you have the right to use them. Under circumstances where you have the right to use copyrighted material, please be sure to give the appropriate source citing according to your license. SFC retains the right to terminate an account that contains copyrighted material that has not been legally obtained.

7. NO RESALE OF SERVICE

Unless previously agreed upon in writing or secure electronic document, you agree not to sell, resell, or offer for any commercial purposes, any portion of the SFC Sites, use of the SFC Sites, or access to the SFC Sites.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

SFC may establish general practices and limits concerning use of the SFC Sites. While SFC will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, SFC has no responsibility or liability for the deletion or failure to store any scrapbooks, messages and other communications or other Content maintained or transmitted by any SFC Site, unless specifically by prior commercial arrangement. SFC reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. SFC reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

SFC may terminate a user's account in SFC's absolute discretion and for any reason. SFC is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order.

SFC's termination of any Member's access to any or all SFC Sites may be effected without notice and, on such termination, SFC may immediately deactivate or delete Member's account and/or bar any further access to such files. SFC shall not be liable to any Member or other third party for any termination of that Member's access or account hereunder. In addition, a Member's request for termination will result in deactivation but not necessarily deletion of the account. SFC reserves the right to delete, or not delete, a Member's account at SFC's sole discretion, as well as to delete, or not delete, content at SFC's sole discretion.

SFC, any SFC Site or a third party may provide links to other websites. SFC exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. SFC shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

The SFC Sites' Privacy Statement is applicable only when you are on an SFC Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

Each user shall indemnify, defend and hold harmless SFC, and its parent corporation Aurora Digital Imaging, Ltd. and affiliates and their respective officers, employees and agents, and each of SFC's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the SFC Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE SFC SITES IS AT HIS OR HER SOLE RISK. THE SFC SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SFC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SFC 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. SPECIFICALLY, SFC MAKES NO WARRANTY THAT (i) THE SFC SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF SFC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SFC 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 SFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY SFC SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SFC SITES; OR ANY OTHER MATTER RELATING TO THE SFC SITES. IN NO EVENT SHALL SFC'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000 (U.S. Dollars). 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. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN SFC AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SFC DOES NOT AND CANNOT CONTROL THE ACTIONS OF SFC SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SFC SITES. OPERATION OF SFC SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SFC.

SFC respects the intellectual property rights of others, and requires that the people who use the SFC Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

(2) identification of the copyrighted work that you claim has been infringed;

(3) identification of the material that is claimed to be infringing in the form of the scrapbook name, Member name and information reasonably sufficient to permit SFC to locate the material, including the full URL of that scrapbook.

(4) your name, 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If SFC receives such a claim or challenge, SFC reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:

ScrapbookFlair.com
P.O.Box 3660
Alpharetta, GA 30023-3660

After receiving a claim of infringement or challenge, SFC will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, SFC will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. SFC will take reasonable steps to expeditiously notify the Member that it has removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, SFC will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, SFC will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless SFC's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the SFC system or network.

You may provide us with a counter notification by providing our copyright agent the following information in writing:

(1) your physical or electronic signature;

(2) identification of the material by scrapbook name that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;

(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which SFC may be found and that you will accept service of process from the person who provided the initial notification of infringement.

14. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and SFC and govern each user's use of SFC Sites, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and SFC shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located in Gwinnett county, Georgia. If any provision of the Terms 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 Terms remain in full force and effect.