Scrapbook.com Terms Of Service

Effective Date: 6/3/2026

These Terms of Service ("Agreement" or "Terms") are entered into by and between Scrapbook.com, LLC, an Arizona limited liability company ("Scrapbook," "we," "us," or "our"), with its principal place of business at 1495 E. Baseline Rd., Suite 102, Gilbert, Arizona 85233, and you, the individual or entity accessing or using the website located at www.scrapbook.com and all related platforms, applications, and services (collectively, the "Website" or "Services").

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 21 THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION. PLEASE READ SECTION 21 CAREFULLY BEFORE USING THE SERVICES.

1. ACCEPTANCE OF TERMS

These Terms constitute a legally binding agreement between you and Scrapbook. You must affirmatively accept these Terms by clicking the "I Agree" or "Accept Terms" button presented to you during the account creation process. You may not create a Scrapbook Account or access the full functionality of the Services without affirmatively accepting these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT CREATE AN ACCOUNT AND MAY NOT USE THE SERVICES.

In addition, even if you navigate to or browse the Website without creating an account or without clicking "I Agree," your continued access to or use of the Website constitutes your acceptance of these Terms and your agreement to be bound by them to the fullest extent permitted by applicable law. If you do not agree to these Terms, your sole remedy is to cease accessing and using the Website immediately.

These Terms incorporate by reference Scrapbook's Privacy Policy, which is available at www.scrapbook.com/pages/privacy. By accepting these Terms, you also acknowledge that you have read and understood the Privacy Policy.

Scrapbook reserves the right to modify or amend these Terms at any time in its sole discretion. When we make changes, we will update the Effective Date at the top of this Agreement. We may, but are not required to, provide additional notice of material changes. YOUR CONTINUED USE OF THE SERVICES AFTER ANY MODIFICATION TO THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS. If you do not agree to any modification, you must cease using the Services immediately.

2. DEFINITIONS

For purposes of these Terms, the following terms have the meanings set forth below:

• "Account" or "Scrapbook Account" means the registered account created by a Registered User to access the full functionality of the Services.
• "Content" means all text, images, photographs, graphics, videos, audio, data, information, and other materials available on or through the Services, including User Content and Scrapbook Content.
• "Registered User" means any individual who has created a Scrapbook Account in accordance with these Terms.
• "Registration Data" means the information provided by a Registered User during the account creation process, including name, email address, and any other information requested by Scrapbook.
• "Scrapbook Content" means all Content owned by or licensed to Scrapbook, including the Website design, trade dress, code, databases, compilations, and all content created or provided by Scrapbook.
• "Services" means the Website, all related platforms and applications, the e-commerce platform for purchase of physical and digital goods, and all community, content-creation, content-storage, and content-sharing features offered by Scrapbook, as may be modified or expanded from time to time.
• "User," "you," or "your" means any individual or entity that accesses or uses the Services, whether or not they have created an Account.
• "User Content" means any content, including without limitation projects, images, photographs, videos, text, posts, tips, reviews, comments, messages, and other materials, submitted, uploaded, posted, or otherwise made available by a User through the Services.

3. ABOUT THE SERVICES

Scrapbook operates an online platform dedicated to the paper crafting, scrapbooking, and DIY community. The Services include an e-commerce store offering physical and digital crafting products, community forums and galleries, tools for creating and storing digital scrapbooking projects, and related content and features. Scrapbook reserves the right to modify, expand, suspend, or discontinue any aspect of the Services at any time without notice or liability. Certain features of the Services may be subject to additional or supplemental terms and conditions ("Supplemental Terms"), which will be presented to you when you access those features. Supplemental Terms are incorporated into these Terms by reference. In the event of a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control with respect to the specific feature to which they apply.

4. YOUR REPRESENTATIONS AND WARRANTIES

By accessing or using the Services, you represent, warrant, and covenant to Scrapbook as follows:

(a) Legal Capacity. You are at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher) and have full legal capacity to enter into a binding agreement.

(b) Accurate Information. All information you provide to Scrapbook, including Registration Data, is true, accurate, current, and complete, and you will promptly update such information to keep it accurate and current.

(c) Compliance with Law. Your use of the Services complies with all applicable federal, state, local, and international laws, rules, and regulations, including the laws of your jurisdiction of residence.

(d) Sanctions Compliance. You are not (i) located in, ordinarily resident in, or organized under the laws of any country or territory subject to a comprehensive U.S. government embargo; (ii) identified on the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons List (SDN List), the U.S. Department of Commerce Denied Persons List, or any other applicable restricted-party list; or (iii) owned or controlled by any such person or entity.

(e) Good Faith Use. You will use the Services in good faith and in a manner consistent with these Terms and the intended purpose of the Services.

5. ACCOUNTS AND REGISTRATION

5.1 Account Creation

To access the full functionality of the Services, you must create a Scrapbook Account. During registration, you must provide accurate and complete Registration Data and affirmatively accept these Terms. You may not create an Account on behalf of any other person without their express authorization.

5.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username and password. You agree not to share your credentials with any third party. You are solely responsible for all activity that occurs under your Account, whether or not authorized by you. You must notify Scrapbook immediately of any unauthorized access to or use of your Account at [email protected].

5.3 Account Suspension and Termination

Scrapbook reserves the right, in its sole discretion, to suspend, limit, restrict, or terminate your Account and your access to the Services at any time, for any reason or no reason, with or without notice, and without liability to you. Reasons for suspension or termination may include, without limitation, violation of these Terms, unlawful activity, conduct harmful to other users or to Scrapbook, or for any business reason. Upon termination, your license to use the Services immediately terminates.

5.4 Re-Registration Prohibition

If your Account is terminated by Scrapbook for violation of these Terms or for any other reason at Scrapbook's sole discretion, you are prohibited from registering a new Account or accessing the Services through another user's Account without Scrapbook's prior written consent. Scrapbook reserves the right, but not the obligation, to consider reinstatement requests submitted through www.scrapbook.com/contact. Any reinstatement is at Scrapbook's sole and absolute discretion.

5.5 Account Cancellation by User

You may close your Scrapbook Account at any time by contacting us at www.scrapbook.com/contact. Upon closure, you may retain access to certain portions of the Services but will lose access to features available only to Registered Users. Scrapbook has no obligation to preserve, store, or return any User Content associated with a closed Account. We strongly recommend you maintain independent backups of any User Content you wish to preserve before closing your Account.

5.6 One Account Per User

You may not allow any other person or entity to access or use your Account. You may not create more than one Account without Scrapbook's prior written consent.

6. AGE REQUIREMENTS AND CHILDREN'S PRIVACY

The Services are intended for users who are at least eighteen (18) years of age. You represent that you are at least 18 years of age. Scrapbook does not knowingly collect personal information from individuals under the age of 13. If Scrapbook discovers that it has inadvertently collected personal information from a child under 13, Scrapbook will take prompt steps to delete such information. If you believe Scrapbook has collected information from a child under 13, please contact us immediately at [email protected].

Users between the ages of 13 and 17 may access certain portions of the Website only with the express consent and supervision of a parent or legal guardian who accepts these Terms on their behalf. By permitting a minor to use the Services, the parent or guardian agrees to these Terms and accepts full responsibility for the minor's use of the Services.

7. BETA FEATURES AND MAINTENANCE

Scrapbook may, from time to time, offer beta or pre-release features of the Services ("Beta Features"). Beta Features are provided AS IS and AS AVAILABLE without any warranty of any kind. Beta Features may be discontinued, modified, or removed at any time without notice or liability. You use Beta Features at your own risk.

Scrapbook may perform maintenance on the Services from time to time, which may result in interruptions, delays, or errors. Scrapbook makes no guarantee of continuous, uninterrupted, or error-free availability of the Services and shall not be liable for any interruption or unavailability.

8. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE

8.1 Scrapbook Ownership

The Services and all Scrapbook Content, including without limitation the Website design, trade dress, code, software, databases, APIs, compilations, graphics, text, images, videos, trademarks, service marks, logos, and other proprietary materials, are owned by Scrapbook or its licensors and are protected by United States and international intellectual property laws. All rights not expressly granted in these Terms are reserved by Scrapbook.

8.2 License Grant to You

Subject to your compliance with these Terms, Scrapbook grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Scrapbook Content solely for your personal, non-commercial use and in accordance with these Terms. This license does not include the right to: (a) resell, sublicense, or commercially exploit any portion of the Services or Scrapbook Content; (b) copy, reproduce, distribute, or publicly display Scrapbook Content without authorization; (c) modify, adapt, translate, or create derivative works of Scrapbook Content; (d) use data mining, scraping, robots, or similar automated means to access or collect Scrapbook Content; (e) use Scrapbook Content to train any artificial intelligence or machine learning model, dataset, or system; or (f) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services.

8.3 Trademarks

SCRAPBOOK.COM and all related logos, marks, and trade dress are trademarks or registered trademarks of Scrapbook.com, LLC. All goodwill arising from use of Scrapbook's marks inures solely to the benefit of Scrapbook. Nothing in these Terms grants you any right to use Scrapbook's trademarks, logos, or trade dress without Scrapbook's prior written consent.

8.4 Copyright Notice

© 2026 Scrapbook.com, LLC. All rights reserved.

9. PROHIBITED USES

You agree not to engage in any of the following prohibited activities while using the Services. Violation of any prohibition may result in immediate termination of your Account and access to the Services, and may expose you to civil or criminal liability:

(f) Use, display, mirror, or frame the Services or any portion thereof, or use any Scrapbook trademark, logo, or proprietary information without Scrapbook's prior written consent.

(g) Access the Services through any means other than the interfaces provided by Scrapbook. 

(h) Access, tamper with, or use non-public areas of the Services or Scrapbook's computer systems.

(i) Circumvent, bypass, remove, deactivate, or impair any technological protection measure implemented by Scrapbook or any third party.

(j) Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Services.

(k) Use any automated means, including bots, spiders, crawlers, scrapers, or data mining tools, to access, search, scrape, or download Content from the Services.

(l) Post, transmit, or share unsolicited or unauthorized spam, advertising, promotional materials, or solicitations.

(m) Use any meta tags, hidden text, or metadata utilizing Scrapbook's trademarks, logos, or URLs without Scrapbook's prior written consent.

(n) Interfere with or disrupt the Services, including by sending viruses, overloading, flooding, spamming, or mail-bombing.

(o) Reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of the Services or your access thereto.

(p) Collect or store personally identifiable information from other users without their express consent.

(q) Stalk, harass, threaten, or harm any person or entity.

(r) Impersonate or misrepresent your affiliation with any person or entity.

(s) Violate any applicable federal, state, local, or international law or regulation.

(t) Share, sell, or transfer access to your Account to any other person or entity.

(u) Encourage or enable any other person to engage in any prohibited activity.

(v) Post defamatory, insulting, harassing, or abusive content about any individual or entity, whether in public or private areas of the Services.

(w) Use racist, discriminatory, threatening, profane, or otherwise objectionable language in any User Content, whether public or private.

(x) Post or upload copyrighted material or intellectual property that you do not own or have not licensed.

(y) Copy content from the Services for publication on other websites or in print media without authorization.

(z) Use the Services to advertise, sell, or trade products or services other than through features expressly provided for that purpose by Scrapbook.

(aa) Link to or advertise any outside scrapbooking, paper crafting, or craft-related site or platform in comments, posts, forums, signatures, private messages, images, or avatars, including without limitation online stores, auction sites (such as eBay), or third-party platforms (such as Etsy, Amazon.com, or Walmart).

(bb) Post or upload content that contains profanity, pornography, nudity, sexually suggestive material, graphic violence, or otherwise inappropriate content.

(cc) Attempt to resolve disputes with other users in publicly viewable areas of the Services; member-to-member disputes must be conducted via private message or email.

(dd) Reverse engineer, decompile, disassemble, or tamper with any security component, usage rule, or other protection measure applicable to the Services.

(ee) Use the Services or any Scrapbook Content to train, develop, fine-tune, or otherwise improve any artificial intelligence, machine learning, or large language model system or dataset.

(ff) Use the Services for competitive benchmarking or to develop competing products or services.

10. USER CONTENT

10.1 Your Ownership

As between you and Scrapbook, you retain ownership of User Content that you submit, upload, or post to the Services, subject to the license granted to Scrapbook in Section 10.2 below.

10.2 License Grant to Scrapbook

By submitting, uploading, or posting any User Content to or through the Services, you hereby grant Scrapbook a non-exclusive, irrevocable, royalty-free, worldwide, perpetual, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, and create derivative works of your User Content in any media or format, now known or hereafter developed, for any purpose related to the operation, promotion, and improvement of the Services. This license includes the right for Scrapbook to use your User Content in marketing and promotional materials, both during and after your use of the Services, without compensation or attribution to you.

10.3 Moral Rights and Publicity Waiver

To the fullest extent permitted by applicable law, you hereby waive any moral rights, rights of attribution, rights of integrity, and any similar rights you may have in your User Content. You further waive any right of publicity or privacy with respect to your User Content to the extent necessary for Scrapbook to exercise the license granted in Section 10.2.

10.4 Your Representations Regarding User Content

You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit your User Content to the Services and to grant the license in Section 10.2; (b) your User Content does not infringe any third-party intellectual property right, privacy right, publicity right, or any other right; (c) your User Content does not contain any unlawful, harmful, or otherwise objectionable material; and (d) if your User Content depicts any identifiable individuals, you have obtained all necessary consents from those individuals.

10.5 Feedback

If you provide Scrapbook with any suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you hereby assign to Scrapbook all rights, title, and interest in and to such Feedback, including all intellectual property rights therein. Scrapbook may use Feedback for any purpose without obligation, compensation, or attribution to you.

10.6 No Obligation to Monitor; Moderation Rights

Scrapbook has no obligation to monitor, review, or moderate User Content. However, Scrapbook reserves the right, in its sole discretion, to monitor, review, remove, modify, or restrict access to any User Content at any time and for any reason, including without limitation if Scrapbook determines that the content violates these Terms, applicable law, or Scrapbook's policies, or for any other business reason. User Content posted to the Services represents the views of the posting user and not the views of Scrapbook.

10.7 Scrapbook as Repository Only

Scrapbook acts as a passive repository for User Content and is not responsible for the accuracy, completeness, legality, or appropriateness of any User Content. Scrapbook does not vouch for or warrant any User Content. Your use of or reliance on any User Content is at your own risk.

11. COPYRIGHT POLICY AND DMCA PROCEDURE

11.1 Copyright Notice

Scrapbook respects the intellectual property rights of others and expects users to do the same. Unauthorized posting of copyrighted material is prohibited and may result in termination of your Account.

11.2 DMCA Notice Procedure

If you believe in good faith that any content on the Services infringes your copyright, you may submit a written notice to Scrapbook's designated copyright agent containing all of the following information required by 17 U.S.C. § 512(c)(3):

(gg) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(hh) A description of the copyrighted work that you claim has been infringed;

(ii) A description of where the allegedly infringing material is located on the Services, with sufficient detail to allow Scrapbook to locate it;

(jj) Your name, address, telephone number, and email address;

(kk) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(ll) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

 

Scrapbook's designated copyright agent for DMCA notices is:

Legal Department

Scrapbook.com

1495 E. Baseline Rd., Suite 102

Gilbert, AZ 85233

Phone: 1-800-727-2726

Email: [email protected]

 

11.3 Counter-Notification Procedure

If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may submit a counter-notification to Scrapbook's copyright agent containing: (a) your physical or electronic signature; (b) identification of the material that has been removed and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification; and (d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for your judicial district, and that you will accept service of process from the person who submitted the original DMCA notice.

11.4 Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i), Scrapbook will terminate, in appropriate circumstances, the Accounts of users who are repeat infringers of third-party intellectual property rights.

11.5 Material Misrepresentation Warning

Please note that knowingly making a materially false statement in a DMCA notice or counter-notification may subject you to civil liability under 17 U.S.C. § 512(f), including damages, attorneys' fees, and costs.

12. ELECTRONIC COMMUNICATIONS AND E-SIGN

By creating an Account or using the Services, you consent to receive electronic communications from Scrapbook, including emails, push notifications, in-Service messages, and other communications regarding your Account and the Services. You agree that all agreements, notices, disclosures, and other communications that Scrapbook provides to you electronically satisfy any legal requirement that such communications be in writing. In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001 et seq., you agree that your electronic acceptance of these Terms (including by clicking "I Agree") constitutes your legally binding electronic signature. You agree to receive records, disclosures, and agreements electronically and waive any right to receive such records in non-electronic form to the extent permitted by applicable law.

13. INTERACTIVE COMPUTER SERVICE PROVIDER

Scrapbook is an interactive computer service provider as defined by 47 U.S.C. § 230 of the Communications Decency Act. Scrapbook is not the publisher or speaker of any User Content posted by third parties and shall not be treated as such. Scrapbook is not liable for any User Content posted, transmitted, or made available through the Services by any user or third party. Scrapbook reserves the right, but assumes no obligation, to remove or restrict access to any User Content in its sole discretion.

14. THIRD-PARTY SERVICES AND LINKS

The Services may contain links to or embed content from third-party websites, platforms, or services. Scrapbook does not own, operate, or control any third-party services and assumes no responsibility for the content, privacy practices, accuracy, or availability of any third-party service. The inclusion of any link or embedded content does not imply Scrapbook's endorsement, sponsorship, recommendation, or guarantee of any third-party service or its products or services. Your access to and use of any third-party service is governed solely by the terms and policies of that service. Scrapbook expressly disclaims all liability arising from your use of or reliance on any third-party service.

15. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL SCRAPBOOK CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCRAPBOOK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND CONTENT PROVIDERS (COLLECTIVELY, THE "SCRAPBOOK PARTIES") HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY; (B) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) ANY IMPLIED WARRANTY OF TITLE OR NON-INFRINGEMENT; (D) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (E) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES; AND (F) ANY WARRANTY THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SCRAPBOOK'S WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY APPLICABLE LAW.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SCRAPBOOK PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF SCRAPBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL THE SCRAPBOOK PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO SCRAPBOOK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00). IF YOU HAVE NOT PAID ANY AMOUNTS TO SCRAPBOOK, SCRAPBOOK'S TOTAL LIABILITY IS LIMITED TO INJUNCTIVE OR DECLARATORY RELIEF ONLY. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SCRAPBOOK'S LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.

17. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Scrapbook Parties from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law, rule, or regulation; (e) your violation or infringement of any third-party right, including any intellectual property right, privacy right, or publicity right; or (f) your negligent or intentional misconduct.

Scrapbook reserves the right, at its own expense, to assume exclusive control of the defense and settlement of any matter subject to indemnification by you, and you agree to cooperate fully with Scrapbook's defense of any such claim. You may not settle any claim that imposes any obligation or liability on Scrapbook without Scrapbook's prior written consent. Your indemnification obligations survive termination of these Terms and your use of the Services.

18. TERM AND TERMINATION

These Terms are effective from the first time you access or use the Services and continue until terminated in accordance with this Section.

Scrapbook may, in its sole discretion, terminate or suspend your access to the Services, your Account, or any portion thereof, at any time, for any reason or no reason, with or without notice, and without any liability to you. Without limiting the foregoing, Scrapbook may terminate your access if it reasonably believes you have violated these Terms, engaged in fraudulent or illegal activity, or your continued use creates liability for Scrapbook or harm to other users.

SCRAPBOOK RESERVES THE RIGHT TO BLOCK ACCESS TO THE SERVICES BY ANY IP ADDRESS, DEVICE, OR OTHER IDENTIFIER AT ANY TIME IN ITS SOLE DISCRETION, WITHOUT NOTICE OR LIABILITY.

Upon any termination of your access to the Services: (a) your license to use the Services immediately terminates; (b) you must immediately cease all use of the Services; (c) Scrapbook has no obligation to preserve, store, or return any of your User Content or Account data; and (d) the re-registration prohibition in Section 5.4 applies.

The following Sections survive any termination of these Terms and continue in full force: Sections 2 (Definitions), 8 (Intellectual Property), 10.2–10.5 (UGC License, Waiver, Representations, Feedback), 11 (DMCA), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 19 (Governing Law), 21 (Dispute Resolution), 22 (Limitation on Actions), and 23 (Miscellaneous).

19. GOVERNING LAW

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any conflict-of-law principles that would require the application of the laws of a different jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) are expressly excluded and do not apply to these Terms or any transaction contemplated herein. 

Except as provided in Section 21 (Dispute Resolution), and solely for disputes that are not subject to arbitration under Section 21, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona for all such matters, and you waive any objection based on improper venue or inconvenient forum.

20. E-COMMERCE AND PAYMENTS

20.1 Product Availability and Pricing

Scrapbook reserves the right to modify, discontinue, or limit the availability of any product or Service at any time without notice. All prices are subject to change without notice. In the event of a pricing error, Scrapbook reserves the right to cancel any orders placed at the incorrect price and notify you accordingly.

20.2 Order Acceptance

Your submission of a purchase order constitutes an offer to purchase. Scrapbook reserves the right to accept or reject any order at its sole discretion. Orders are not binding until accepted and confirmed by Scrapbook.

20.3 Payment Processing

All payment transactions are processed by third-party payment processors. By submitting payment information, you represent that you are authorized to use the payment method provided and that the information is accurate and complete. Scrapbook does not store full payment card information. Your use of any payment processing service is also governed by that service's terms and privacy policy.

20.4 Taxes

You are responsible for all applicable taxes, duties, and other governmental charges arising from your purchases through the Services. Scrapbook may collect applicable taxes where required by law.

20.5 Shipping, Delivery, and Risk of Loss

Risk of loss and title to physical products pass to you upon delivery to the carrier. Scrapbook is not responsible for delays or failures in delivery caused by the carrier or other circumstances outside Scrapbook's reasonable control.

20.6 Refunds and Returns

Scrapbook's refund and return policy is available at www.scrapbook.com/returns and is incorporated into these Terms by reference. Scrapbook reserves the right to modify its return policy at any time.

21. DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU AND SCRAPBOOK AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT AS SET FORTH BELOW.

 

21.1 Governing Law for Arbitration

This Section 21 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 ("FAA"), and not by any state arbitration law. The FAA governs the interpretation and enforcement of this arbitration agreement and preempts any conflicting state law.

21.2 Informal Resolution Prerequisite

Before initiating any arbitration or court proceeding, you and Scrapbook agree to first attempt to resolve any dispute informally. The party asserting a dispute must send a written notice to the

other party describing the dispute and the relief sought. Notices to Scrapbook must be sent to: Scrapbook.com, LLC, Attn: Legal Department, 1495 E. Baseline Rd., Suite 102, Gilbert, AZ 85233, and by email to [email protected]. The parties agree to negotiate in good faith for a period of thirty (30) days from the date the notice is received. Arbitration may not be commenced until this 30-day period has expired without resolution.

21.3 Agreement to Arbitrate

If a dispute is not resolved through the informal process in Section 21.2, you and Scrapbook agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, your Account, or any transaction or relationship between you and Scrapbook, including disputes regarding the validity, enforceability, scope, or applicability of this arbitration agreement, shall be resolved exclusively through final, binding arbitration on an individual basis, rather than in court.

21.4 Delegation Clause

The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, and any claim as to whether a dispute is subject to arbitration. The arbitrator shall also have exclusive authority to rule on any threshold arbitrability issues. Any dispute about the applicability or enforceability of the class action waiver in Section 21.8 shall be resolved by a court, not an arbitrator.

21.5 Arbitration Rules and Administration

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org), except as modified by this Section 21. The arbitration shall be conducted before a single neutral arbitrator. The arbitrator shall apply the substantive law of the State of Arizona, consistent with the FAA. To commence an arbitration, you must submit a written demand for arbitration to the AAA in accordance with AAA's Consumer Arbitration Rules, and send a copy to: Scrapbook.com, LLC, Attn: Legal Department, 1495 E. Baseline Rd., Suite 102, Gilbert, AZ 85233 / [email protected]. Scrapbook will submit its demand for arbitration to the AAA in accordance with AAA's rules.

21.6 Location and Format

Arbitration hearings will be held in Gilbert, Arizona, unless the parties mutually agree to an alternative location or format, or the AAA Consumer Arbitration Rules permit another format. For disputes involving claims of $10,000 or less, either party may elect to conduct the arbitration by telephone, videoconference, or based solely on written submissions, without an in-person hearing. For any dispute seeking $10,000 or less, you may also choose to bring your claim in your local small claims court instead of arbitration, as provided in Section 21.9.

21.7 Arbitration Fees

The payment of AAA filing, administrative, and arbitrator fees shall be governed by AAA's Consumer Arbitration Rules, provided that: (a) if you are a consumer and your claim does not exceed $75,000, Scrapbook will pay all AAA filing, administrative, and arbitrator fees that exceed the amount you would have paid to file the same claim in a court of competent jurisdiction; (b) if the arbitrator determines that your claim is frivolous or brought in bad faith, Scrapbook may seek reimbursement of fees paid on your behalf. Each party shall bear its own attorneys' fees and costs unless the arbitrator awards fees pursuant to applicable law or the AAA rules.

21.8 Class Action Waiver

YOU AND SCRAPBOOK AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL'S CLAIM.

IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE FOR ANY REASON, THEN THE ENTIRETY OF THIS SECTION 21 (DISPUTE RESOLUTION AND BINDING ARBITRATION) SHALL BE NULL AND VOID, AND NEITHER PARTY SHALL BE ENTITLED TO ARBITRATION. IN THAT EVENT, THE PARTIES AGREE THAT EXCLUSIVE JURISDICTION AND VENUE FOR ANY SUCH DISPUTE SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN MARICOPA COUNTY, ARIZONA.

21.9 Small Claims Court

Notwithstanding the agreement to arbitrate, either party may bring an individual claim in small claims court if the claim qualifies for small claims court jurisdiction and the party asserts the claim in that court. The small claims court filing must be on an individual basis only.

21.10 IP and Injunctive Relief Carve-Out

Notwithstanding anything in this Section 21 to the contrary, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized use of confidential information, pending the outcome of arbitration. The filing of such a court action shall not constitute a waiver of the party's right to arbitrate the underlying merits of the dispute.

21.11 Mass Arbitration Procedures

If twenty-five (25) or more substantially similar arbitration demands are filed against Scrapbook by the same counsel or coordinated counsel within a 180-day period (a "Mass Arbitration"), the parties agree to the following batching procedure: (a) the AAA shall select a single arbitrator (the "Coordinating Arbitrator") to manage the administrative process for the Mass Arbitration; (b) the Coordinating Arbitrator shall organize the demands into batches of no more than 100 claims per batch and assign a separate arbitrator to each batch; (c) each batch shall proceed to arbitration independently, with the outcome of earlier batches potentially informing the resolution of later batches through a mediation step after the first batch is resolved; (d) no individual claimant's demand shall be deemed filed for statute of limitations purposes until that claimant's batch is assigned an arbitrator. The parties agree to cooperate in good faith to implement these procedures and to seek guidance from the AAA if needed.

21.12 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to: Scrapbook.com, LLC, Attn: Legal Department, 1495 E. Baseline Rd., Suite 102, Gilbert, AZ 85233, or by email to [email protected], within thirty (30) days of the date you first agree to these Terms. Your opt-out notice must include your name, your Scrapbook Account email address, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 19 (Governing Law) applies to all disputes between you and Scrapbook, and both parties retain the right to litigate in court. Opting out does not affect any other aspect of these Terms. If you do not opt out within the 30-day period, you will be deemed to have consented to arbitration.

21.13 Severability of Arbitration Agreement

If any portion of this Section 21 is found to be invalid or unenforceable, the remainder of this Section 21 shall remain in full force and effect, except as provided in Section 21.8 regarding the class action waiver. This arbitration agreement shall survive termination of your Account or use of the Services.

21.14 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

22. LIMITATION ON ACTIONS

ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUES. AFTER THAT PERIOD, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. THIS LIMITATION APPLIES REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.

ANY CLAIM, ACTION, OR PROCEEDING MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

23. NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights information: The provider of the Services is Scrapbook.com, LLC, 1495 E. Baseline Rd., Suite 102, Gilbert, AZ 85233. To file a complaint regarding the Services or to receive further information regarding use of the Services, contact us at [email protected] or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24. ACCESSIBILITY

Scrapbook is committed to making its Website accessible to users with disabilities and continuously works to improve the accessibility of the Services. Nothing in this Section constitutes an admission of any legal obligation under the Americans with Disabilities Act, the Unruh Civil Rights Act, or any other applicable accessibility law. All accessibility efforts described here are voluntary.

If you have suggestions for improving the accessibility of the Services, you may contact us by phone at 1 (855) 625-1162 or by email at [email protected]. If you wish to submit a formal complaint regarding the Website's accessibility, you must mail a signed, certified letter to: Scrapbook.com, c/o Legal Department, 1495 E. Baseline Rd., Suite 102, Gilbert, AZ 85233.

25. SMS/MMS MOBILE MESSAGING PROGRAM

Scrapbook offers an optional mobile messaging program (the "SMS Program") through which you may receive SMS and MMS messages about products, promotions, and events. Participation in the SMS Program is subject to the following terms, which supplement and are incorporated into these Terms.

25.1 Opt-In and Consent

You may enroll in the SMS Program by affirmatively opting in through an online or application-based enrollment form. By opting in, you consent to receive recurring autodialed or prerecorded marketing SMS/MMS messages from Scrapbook at the mobile number you provide. CONSENT TO RECEIVE SMS MESSAGES IS NOT A CONDITION OF PURCHASE OR USE OF THE SERVICES.

25.2 Opt-Out

You may opt out of the SMS Program at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message you receive from Scrapbook. You may receive one additional message confirming your opt-out. No other opt-out method, including verbal requests, is effective.

25.3 Support

For support, text HELP to the number from which you receive messages, or email [email protected]. This email address may not be used to opt out of the SMS Program.

25.4 Message Frequency and Rates

Message frequency varies based on your interaction with Scrapbook. Message and data rates may apply. Scrapbook is not responsible for delays in receipt of messages caused by your wireless carrier.

25.5 Duty to Notify on Number Transfer

If you transfer or discontinue use of the mobile number enrolled in the SMS Program, you must opt out before doing so. If you fail to notify Scrapbook of a number change, you agree to indemnify Scrapbook for all costs and liabilities arising from messages sent to your former number that is assigned to a new subscriber.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE SCRAPBOOK PARTIES HARMLESS FROM ANY CLAIM OR LIABILITY, INCLUDING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, OR SIMILAR STATE OR FEDERAL LAW, ARISING FROM YOUR FAILURE TO NOTIFY SCRAPBOOK OF A CHANGE IN YOUR MOBILE NUMBER.

25.6 Prohibited SMS Content

You agree not to send any of the following through any Scrapbook messaging feature: fraudulent, libelous, defamatory, threatening, harassing, or stalking content; profane, obscene, violent, or discriminatory content; pirated software or malware; any content prohibited by applicable law; or any content implicating protected health information under HIPAA.

25.7 Carrier Disclaimer

Scrapbook's SMS Program is offered on an AS IS basis and may not be available in all areas at all times. T-Mobile and other carriers are not liable for delayed or undelivered messages.

26. MISCELLANEOUS

26.1 Entire Agreement

These Terms, together with the Privacy Policy and any Supplemental Terms, constitute the entire agreement between you and Scrapbook with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings between the parties.

26.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms.

26.3 No Waiver

Scrapbook's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any breach of these Terms shall constitute a waiver of any subsequent breach.

26.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without Scrapbook's prior written consent. Scrapbook may freely assign these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law, without notice to you. Any purported assignment in violation of this Section is null and void.

26.5 Force Majeure

Scrapbook shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, pandemic, government action, war, terrorism, civil unrest, labor disputes, power outages, or internet or telecommunications failures.

26.6 Construction

These Terms shall be construed without regard to any presumption or rule requiring construction against the party causing these Terms to be drafted. Headings are for convenience only and shall not affect the interpretation of these Terms.

26.7 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by Scrapbook. No license or right is granted by implication, estoppel, or otherwise.

26.8 Notices

All legal notices to Scrapbook must be sent in writing to: Scrapbook.com, LLC, Attn: Legal Department, 1495 E. Baseline Rd., Suite 102, Gilbert, AZ 85233, with a copy by email to [email protected]. Scrapbook may provide notice to you via email to the address associated with your Account, via in-Service notification, or by any other method consistent with these Terms.

26.9 Contact

For general inquiries, please contact us at www.scrapbook.com/contact
For legal matters: [email protected]
For accessibility: [email protected]
For copyright/DMCA: [email protected]

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