Terms of Use
Web Site Terms and Conditions of Use
www.theclubscrap.com is provided to you for your personal entertainment, information, education, and communication through our featured content and interactive functionality available via the Internet (the “Services”). By accessing the Services, you accept, without limitation or qualification, the following Terms of Use, and our Privacy Policy, which is incorporated by this reference. You are only authorized to use the Services if you agree to abide by the Terms of Use and all applicable laws. If you do not accept the Terms of Use or Privacy Policy, then please discontinue your use of www.theclubscrap.com and the Services.
Club Scrap, Inc. (“CS”) may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Content
You understand that all information, data, text, sound, photographs, graphics, video, postings, messages, software, tags, advertisements or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CS, are entirely responsible for all Content, which is intended to be available to the general public, that you upload, post, transmit or otherwise make available through the Services. We do not control the Content posted through the Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the Services are not necessarily those of CS or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services.
You are solely responsible for the Content you submit or make available for inclusion through the Services (“Member Content”) and the consequences of posting or publishing it. You agree that you will not submit Member Content that violates these Terms of Use. You agree that you will not submit Member Content that violates or is contrary to applicable local, national, and international laws and regulations.
Permitted Use of Content
The content associated with the Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like (“CS Content”) and the trademarks, service marks, trade names and logos contained therein, except all Member Content, are owned by or licensed to CS, subject to copyright and other intellectual property rights under the law.
Member Content and CS Content are provided to you “as is” and “as available” for your information and personal, non-commercial use only, to be used solely as intended through the provided functionality of the Services and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, and it may not be used as prohibited under the Terms of Use.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any CS member who infringes the intellectual property rights of you, us, or any third party.
Member Accounts and User Conduct
In order to participate in the Services, you must create an account and become an CS member. All members will create a password and are responsible for maintaining confidentiality of such password. Each member’s right to use the Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify CS of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of CS, and that we have no obligation to monitor or resolve disputes between members of CS.
You may not use the Services for any purpose that is unlawful or prohibited by the Terms of Use and/or any applicable additional terms. Your access to the Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Use and/or additional terms, or for any other reason, or no reason. You expressly agree not to:
Act as an agent, affiliate or representative of the Services and utilize the Services or Member Content or CS Content for any commercial purpose other than for which the Services is intended without our express written permission,
Access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or
“Frame,” “mirror” or otherwise incorporate any part of the Services into any other website without our prior written permission.
You agree not to use the Services for any commercial use, without the prior, written authorization of CS. Prohibited commercial uses include any of the following actions taken without our express approval:
Sale of access to the Services on another website,
Use of the Services for the primary purpose of gaining advertising or subscription revenue,
Sale of advertising on the Services or any third-party website, targeted specific Member Content or CS Content, and
Use of the Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the Services, CS Content, or Member Content.
The following behaviors or activities are strictly prohibited when using the Services:
Strong, vulgar, obscene or otherwise harmful language,
Racially, ethnically or otherwise, objectionable language,
Harassing, intimidating, stalking or threatening other CS members,
Libelous, defamatory or otherwise tortuous language,
Online vandalism,
Impersonation of another person,
Posting, distributing, transmitting or promoting illegal Content,
Invasion of another’s privacy,
Actions that are hurtful to minors,
Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
Posting, providing, transmitting or otherwise making available any junk mail or spam, and
Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the Services.
We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing CS to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution. Any claim relating to Club Scrap, Inc.’s web site shall be governed by the laws of the State of WI without regard to its conflict of law provisions.
Termination of Service
You agree that CS, in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the Services, or any part thereof, immediately and without notice, and remove and delete any Member Content on the Services, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that CS will not be liable to you or any third party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after your member account has been terminated.
You agree that if you are dissatisfied with the Services, if you do not agree with any part of the Terms of Use, or if you have any other dispute or claim with or against us with respect to the Terms of Use or the Services, your sole and exclusive remedy is to discontinue using the Services.
Links
The Services may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that CS is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Indemnity
You agree to defend, indemnify and hold CS, our owner, and each of its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and CS moderators harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of any Content, material or information posted, provided, transmitted or otherwise made available by you on or through the Services, by your violation of the Terms of Use, or by your violation of any third party right, including without limitation any copyright, property, or privacy right.
Trademark Information
CS and its logo are trademarks. You agree that all CS trademarks, including CS trade names, service marks, logos and service names are trademarks and the property of CS. Without our prior permission, you agree not to display or use in any manner any CS mark. All trademarks included in the Services that are not owned by CS are the property of their respective owners. Nothing contained on the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
Disclaimer of Warranties/Limitation of Liability
You understand and agree that the Services are provided “as is” or “as available,” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, CS members or users of the Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.
You are not allowed to promote a contest, sweepstakes or giveaway on CS without our expressed, advanced approval.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, updating your communication preferences, or by sending us email us at [email protected]. Customers cannot opt out of receiving transactional emails related to their account, orders or monthly membership with us. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.