TERMS OF SERVICE AND PRIVACY POLICY
These user terms and conditions (hereinafter referred to as the "User Terms") apply to any use of Scrappi's website and/or mobile application (“app”) , hereinafter referred to as the “Site”, including - but not limited to - scrappi.com.
The Site is owned and operated by Galt Three, Inc, a Delaware C-corporation with offices at 478 Heyer Mill Rd, Nazareth, PA, USA ("Scrappi"). In these User Terms, the words "we", "us" and "ours" refer to Scrappi. The terms “you”, “your” and “yours” refer to the user of the Site.
These User Terms are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Site (“User Guidelines”).
In the event of any conflict between the terms contained herein and those of the User Guidelines, the User Guidelines will govern and control.
By using the Site, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are not permitted to use the Site and are kindly requested not to use the Site any further. The registration as a user requires your express acceptance of these User Terms.
The Site is provided to allow users to collect, browse, save, organize, share, create, author, publish, and comment upon on-line information including Internet links, text, images, photos, videos, sounds, music, documents, and electronic publications, and organizing the information into a blog format.
THE SERVICES ON THE SITE
1 Registered User: Our website address is: https://scrappi.com.
1.1 Scrappi grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Site. In order to gain full access and use of the Site, you must create a profile and register as a user (hereinafter referred to as "Registered User").
1.2 You are only permitted to register one profile per person on the Site. The profile is personal and you must not transfer it to others.
1.3 In order to become a Registered User, you need a password. You choose your own password which must be used with your email address when logging onto the Site. Alternatively, we send the password to you. The password is personal and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.
1.4 During the registration process, you must choose a username. The username will be shown on the Site whenever you write or comment on reviews or produce user-generated content on the Site. Therefore, you must consider whether you wish to use a username from which you can be identified by others. The username must not (i) be offensive or in other ways insulting, (ii) contain the terms "Guest", "Admin", "*.com", etc. or (iii) contain characteristics that belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms.
1.5 Changes to the username may only be made by us. If you want to change your username, please contact us at help@scrappi.com.
1.6 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your profile, you will no longer have access to services on the Site that require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete the user-generated content you have made on the Site.
1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and any user-generated content. In this case, our disclaimer applies without limitations.
1.8 You are not permitted to gain access or attempt to gain access to the parts of the Site requiring user registration if you are not a Registered User.
2 Users
Each Registered User who desires to use the site agrees to the following:
2.1 Users agree that Scrappi is not responsible for the misconduct of other Users.
2.2 Users agree to report any inappropriate behavior by any other User to Scrappi immediately.
2.3 Users agree to indemnify and hold Scrappi and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Use or Your violation of any rights of another.
2.4 Users agree that they will not conduct any criminal activity while posting on the site and Customers agree that Scrappi will not be liable for any criminal acts committed by Users.
2.5 Users agree that, where applicable, when the User uploads, copies, or otherwise uses content that is not their original content, User shall provide a citation to the work, listing the author (when known) and the source of the content (e.g., URL, book title, song title, movie title, etc.).
GENERAL TERMS
3 Rights
3.1 The Site and the services we offer via the Site, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide any User Generated Content (“UGC”), such as postings, feedback, ideas or suggestions regarding the Site or the services offered on the Site, we are free to fully exploit such UGC for our use only and will not be disseminated to others.
3.2 The content on the Site, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the Registered User) and is protected by U.S. and applicable international legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorized copying, distribution, presentation or other use of the Site or part hereof is a violation of U.S. law and may thus result in civil and/or criminal penalties.
3.4 To the fullest extent permitted by law, the rights to free use of any UGC are licensed to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Site or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
3.6 All company names, trademarks and other business characteristics on the Site is or will be our property or the property of a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.
4 Privacy Policy
4.1 We gather various types of Personal Information from our Users, as explained in more detail below, and we use this Personal Information internally in connection with Scrappi including to personalize, provide, and improve Scrappi, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use Scrappi.
4.2 We perform different types of processing of Personal Information in connection with the use of the Site and will use such Personal Information only for the administration and operation of Scrappi. We will not give or sell any personal data to any third parties without your permission except in the following circumstances: i) to protect ourselves from liability, or ii) to respond to a legal process or comply with the law.
4.3 Cookies are small text files that are placed on your device by a Web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you've logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you do not accept Cookies, you may not be able to access all portions or features of the Services.
4.4 We may collect certain information, such as your first name and email addresses, for our marketing purposes including sending newsletters and promotional emails. Upon registering with Scrappi, you will be given the option to opt out of receiving marketing and/or promotional emails from us. WE DO NOT SHARE, SELL, RENT OR OTHERWISE DISTRIBUTE INFORMATION YOU ENTER IN SCRAPPI TO OTHERS.
4.5 Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information. We also collect information through authorized APIs and registration forms. Scrappi encrypts data in transit during transfer and also at rest. YOU HAVE CONTROL OVER WHO SEES YOUR CONTENT. YOUR CONTENT IS PRIVATE UNLESS YOU DECIDE YOU WANT TO SHARE IT. YOU MAY CHOOSE TO SHARE USING A PUBLIC SHAREABLE LINK FEATURE PROVIDED ON SCRAPPI. We limit the use of your content to make sure that no one at Scrappi can view it unless you expressly give us permission or it is necessary to comply with our legal obligations. During our Beta testing, however, we will have access to this information to ensure that it is collected properly. After Beta testing is complete, we will restrict access to your data.
4.6 We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you from unauthorized access, use or disclosure to third parties. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
4.7 Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
4.8 We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting a notice on the Site, on or through the Service, or by sending an email to the email address associated with your account. You are bound by any changes to the Privacy Policy when you use the Service after such changes have been first posted.
4.9 You can remove Your Content by contacting us at info@scrappi.com to request the deletion of Your Content.
5 Disclaimers
5.1 THE SITE, CONTENT AND SERVICES OFFERED ON THE SITE ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SCRAPPI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
5.2 We make no representations or warranties with respect to any UGC published on the Site. Notwithstanding the foregoing, Scrappi may at all times investigate and edit (including anonymizing) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC's compliance with our User Guidelines.
5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.
5.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Site are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Site. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability or unavailability of the Site.
5.5 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions of Use at any time.
6 Limitation of liability
6.1 USER UNDERSTANDS AND ACKNOWLEDGES THAT SCRAPPI DOES NOT CONTROL THE CONTENT OR CONDUCT OF OTHER USERS AND THAT SCRAPPI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE CONTENT PROVIDED BY OTHER USERS. USER ALSO FULLY RELEASES SCRAPPI FROM ANY LIABILITY ARISING FROM ACTIONS OR INACTIONS OF OTHER USERS INCLUDING, BUT NOT LIMITED TO, ANY CRIMINAL ACTIONS, CIVIL TORTS, OR ANY OTHER UNAUTHORIZED OR ILLEGAL BEHAVIOR BY ANOTHER USER AGAINST USER.
6.2 SCRAPPI SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND 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.
6.3 SCRAPPI’S TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE USER TERMS, THE SITE OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR SITE OR SERVICES OR THESE USER TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7 Other User Terms
7.1 We may at any time, in our sole discretion, revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganize the Site. As a Registered User, you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the Site. We will furthermore strive to inform the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Site after any posted modified version of the User Terms is an acceptance of the modified User Terms.
7.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
8 Term and termination
8.1 We may terminate your right to access and use the services offered on Scrappi at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.
9 Applicable law and venue
9.1 The User Terms and the relationship between you and Scrappi are governed by the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the state or federal courts located in Pennsylvania, and the parties hereby consent to the jurisdiction of such courts.
10 Miscellaneous
10.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Scrappi concerning your use of the Site and supersede and govern all prior proposals, agreements or other communications.
10.2 Nothing contained in these User Terms can be construed as creating any agency, partnership or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.
10.3 These Terms and Conditions of Use together with any service disclaimers, and any order form and payment method instructions, if any, constitute the entire agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Scrappi or any other person or entity and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions of Use by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions of Use, our Privacy Policy, any product disclaimers, and any order form and payment method instructions.
10.4 Failure or delay by Scrappi in enforcing an obligation or exercising a right under these Terms and Conditions of Use does not constitute a waiver of that obligation or right.
11 CONTACT
12.1 You can contact Scrappi via email at help@scrappi.com or the following mailing address:
Scrappi
478 Heyer Mill Rd
Nazareth, PA 18064 USA
