These Terms and Conditions were last revised and are effective as of August 1, 2024.
SCRAP APP TERMS AND CONDITIONS
Welcome to www.scrapapp.com, the official website for Scrap App.
The following Terms and Conditions (the “Terms”) apply to all users of www.scrapapp.com and its associated services (collectively the "Website"), which are owned and operated by Scrap App, Inc. ("Scrap App," “us” or “we”). These Terms represent a legally binding agreement between you, an individual user or a single entity (collectively or individually "Users"), and Scrap App regarding your use of the Website. Together, Users and Scrap App are each referred to herein individually as a "Party" or collectively as the "Parties". These Terms are subject to change by Scrap App without prior written notice at any time. When using the Website, you will be subject to our Privacy Policy and any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time on the Website (the "Guidelines"). All Guidelines are hereby incorporated by reference into these Terms.
These Terms apply to anyone who visits, submits information to or otherwise uses the Website. If you do not agree to be bound by these Terms, do not access the Website or use its services.
About Scrap App
Scrap Apps mission is to help you sell your junk car as easily as possible.
Offers.
Through our Website, you can receive a cash offer for your vehicle (an “Offer”). You must provide the required information on the Website before an “As Is” Offer will be presented to you based on the information provided. Not all vehicles will receive Offers due to various factors including, but not limited to, the vehicle’s age or damage. Offers are contingent upon the accuracy of the vehicle information as well as the personal information provided by you. Offers may be made by Scrap App or by our network of buyers (collectively “Buyers” and, individually a “Buyer”).
You can accept an offer by communicating such acceptance verbally or in writing. You are not required to accept an Offer and any Offer by Scrap App or a Buyer is revocable, for any reason, at any time, before payment is made. Offers made by Scrap App or our Buyers are contingent on you having a negotiable title in the name of the legal seller, and your compliance with the rest of these Terms.
You agree that the sale of a vehicle is final, and ownership of the vehicle passes to Scrap App or the Buyer, as applicable, once payment is made to you.
Once you have accepted an offer, please remove all personal belongings from your vehicle. You are solely responsible for any belongings left in your vehicle and neither Scrap App nor any other Buyer will be responsible for any of your belongings once the vehicle leaves your possession.
Payment
Payment may be made by cash, corporate check, Venmo, PayPal, or Zelle when Scrap App, the Buyer, or an authorized service picks up your vehicle.
Third Party Buyers.
In some instances, the Buyer will not be Scrap App. In those instances, the Website serves as a digital venue and intermediary where you can meet Buyers and enter into agreements. In such situations, we are not involved in the transaction between you and the Buyer as the Website simply assists in the logistical and payment process of the transaction. As a result, we have no control over the quality, safety, or legal aspects of any sale to a third-party Buyer that may be initiated through the Website. In the event that an Offer is made to you by a Buyer other than Scrap App, you acknowledge that you information will be provided to the Buyer, and that all resulting negotiations, contractual dealings and responsibility for the potential or completed transaction are solely between you and the Buyer.
Scrap App is neither responsible nor liable for any activities you engage in with or any communications you have with such third-party Buyers or any other third parties who participate in the sale of your vehicle (collectively, “Third-Parties”), even if you identify such Third Party on or through the use of the Website or communicate with them through the use of the Website. These Terms do not apply to any services provided by Third Party and does not govern the practices of such Third Parties, unless explicitly stated as being applicable to such Third Parties. When utilizing the services of Third Party, you should read the relevant terms of use regarding use of such Third Party websites or services.
Eligibility.
In order to use the Website and accept an offer, you must be over the age of 18 and able to form legally binding contracts under applicable law. By using the Website, you represent that you meet the eligibility requirements in this Section.
Users Representations.
You represent and warrant that:
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You are over the age of 18;
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You are the true and lawful owner of the vehicle;
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All vehicle information submitted through the Website, including but not limited to, ownership information, lien information, mileage, equipment, vehicle condition, and all personal identification and contact information provided by you are truthful, accurate and complete;
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The VIN Numbers have not been tampered with; and
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The title is free and clear of any liens unless we have been notified in advance of such liens.
Privacy Notice.
Your privacy is important to Scrap App. Please read the Website’s Privacy Policy at ScrapApp.com/Privacy-Policy carefully for information relating to Scrap App's collection, use, and disclosure of your personal information.
Modification of the Terms
Scrap App reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Updated” date set forth above and other reasonable means to be determined at our discretion. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
Website Access and Linking.
Scrap App grants you permission to use the Website as set forth in these Terms, provided that and for so long as (i) you use the Website solely for your personal use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Website in any medium without Scrap App's prior written authorization; (iii) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The Website is controlled and offered by Scrap App from its facilities in the United States of America. Scrap App makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you are responsible for compliance with local law and, to the extent allowed in the jurisdiction where you are located, you waive your right to assert claims or avail yourself of protections afforded you in that jurisdiction which are not available in the United States of America.
Ownership; Proprietary Rights.
The Website including the content, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements of the Website that are provided by Scrap App ("Scrap App Materials") are owned and/or licensed by Scrap App, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Scrap App Materials do not include Third Party Content (as defined below). Except as expressly authorized by Scrap App, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Website or the Scrap App Materials. Scrap App reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Scrap App Materials, except for the limited rights expressly set forth in these Terms.
Third Party Content Disclaimer.
You understand that when using the Website you will be exposed to advertising and other third party content (together, the "Third Party Content") from a variety of sources, and that you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or otherwise objectionable. Scrap App does not endorse any Third Party Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Scrap App be liable in any way for or in connection with the Third Party Content, including, but not limited to, for any inaccuracies, errors or omissions in any Third Party Content, any intellectual property infringement or misappropriation with regard to any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed or otherwise displayed or transmitted through the Website.
Non-Monitoring of Third Party Content.
Scrap App does not control Third Party Content made available by other persons or entities and does not have any obligation to monitor such Third Party Content for any purpose. If at any time Scrap App chooses, in its sole discretion, to monitor the Third Party Content, Scrap App nonetheless assumes no responsibility for the Third Party Content, no obligation to modify or remove any inappropriate Third Party Content, no obligation to continue to monitor the Third Party Content and no responsibility for the conduct of the User or other person or entity submitting any such Third Party Content. You agree that you must evaluate, and bear all risks associated with the use of Third Party Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such Third Party Content.
Removal of Third Party Content.
Scrap App and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Third Party Content that is available on the Website, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.
10. Prohibited Uses of the Website.
(a) As a condition of your use of the Website, you hereby represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
(b) Any use by you of any of the Scrap App Materials and Website other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Website, use of the Website, access to the Website, or Third Party Content obtained through the Website, for any purpose other than for your personal use.
(c) You agree not to use the Website if you do not meet the eligibility requirements.
(d) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Website, or collect, or attempt to collect personal information about Users or third parties without their consent.
(e) You agree not to intentionally interfere with or damage, impair or disable the operation of the Website or any User's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Website with the intended result of denying service to other Users.
(f) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Website, features that prevent or restrict the use or copying of any part of the Website, or features that enforce limitations on the use of the Website.
(g) You agree not to attempt to gain unauthorized access to the Website or any part of it, other accounts, computer systems or networks connected to the Website or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website.
(h) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form (other than contributing User Content as enabled by the Website’s functionality and in accordance with these Terms), nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website.
(i) You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
(j) You agree not to utilize framing techniques to enclose any trademark, logo, or other Scrap App Materials without our express prior written consent. You agree not to use any meta tags or any other "hidden text" utilizing Scrap App's name or trademarks without Scrap App's express prior written consent.
(k) You agree not to use any Scrap App logos, graphics, or trademarks as part of the link without our express prior written consent.
(l) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(m) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(n) You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(o) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Unauthorized or prohibited use of the Website or the Scrap App Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers and found on or through the Website are solely between you and such advertiser. YOU AGREE THAT Scrap App WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE Website.
Confidentiality
As a result of your use of the Website and any related services, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business ("Confidential Information"). You hereby agree and acknowledge that any and all of Confidential Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Confidential Information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of Confidential Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, you acknowledge that Confidential Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Confidential Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.
Non-Solicitation
You shall not solicit or hire our employees of whom you become aware through the use of the Website. Furthermore, you shall not otherwise interfere with any of our other business relationships.
Links and Third Party Websites.
Linking to the Website. You agree that if you include a link from any other web site to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website, such as using an "in-line" linking method to cause the image hosted on the Website to be displayed on another web site. You agree not to download or use images hosted on the Website on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to the Website in any manner such that the Website, or any page of the Website, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time.
Service Availability.
Scrap App may make changes to or discontinue any of the media, web communities, products, or services available within the Website at any time, and without notice. The media, products, or services on the Website may be out of date, and Scrap App makes no commitment to update these materials on the Website.
INDEMNIFICATION; HOLD HARMLESS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Scrap App, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE Website; AND THE RELATED SERVICES; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY; AND (IV) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS. Scrap App RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF Scrap App. Scrap App WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
DISCLAIMERS; NO WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, AND BELOW, THE TERM Scrap App INCLUDES Scrap App'S PARENT, SUBSIDIARY, AFFILIATED AND OTHER RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP) AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Scrap App DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED APPLICABLE TO THE Website AND ANY THIRD PARTY CONTENT, GOODS, SERVICES OR FEATURES SOLD OR OTHERWISE MADE AVAILABLE TO USERS ON THE Website, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Scrap App OR THROUGH THE Website, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT THE USE OF THE Website IS AT YOUR SOLE RISK. THE Website, THIRD PARTY CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Website ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Scrap App DOES NOT WARRANT THAT THE Scrap App MATERIALS, THIRD PARTY CONTENT, Website, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE Website OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Scrap App DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Website OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE Website (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.
LIMITATION OF LIABILITY AND DAMAGES.
SUBJECT ALWAYS TO THE LIMITATIONS BY APPLICABLE LAW BELOW , SHOULD YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS (OTHER THAN SCRAP APP_, YOU HEREBY RELEASE US, AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES OR REPRESENTATIVES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, OR IN ANY WAY, CONNECTED WITH SUCH DISPUTES.
SUBJECT ALWAYS TO THE LIMITATIONS BY APPLICABLE LAW, IN NO EVENT WILL SCRAP AP, OUR AFFILIATES, SUBSIDIARIES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MANAGERS, MEMBERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR WEBSITE UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER ANY LEGAL OR EQUITABLE THEORY FOR: (I) ANY DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATIONS BY APPLICABLE LAW;
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. IF YOU ARE A USER IN THE EUROPEAN UNION, NOTHING IN THESE TERMS ATTEMPTS TO EXCLUDE OR LIMIT Scrap App’S LIABILITY FOR: (A) FRAUD OR FRAUDULENT MISREPRESENTATION; (B) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (C) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT Scrap App HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Scrap App, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Scrap App. YOU ACKNOWLEDGE AND AGREE THAT Scrap App WOULD NOT BE ABLE TO PROVIDE THE Website TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
23. Digital Millennium Copyright Act Compliance.
(a) Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any Third Party Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail).
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Website and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Website;
(iv) Information reasonably sufficient to permit Scrap App to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Scrap App's designated Copyright Agent to receive notifications of claimed infringement is:
John Dill
(800) 792-1466
4016 Raintree Rd, Ste 300
Chesapeake, VA 23321
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
(b) Notice And Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.
We may, at our discretion, deny access to the Website by, or disable and/or terminate the accounts of, Users who may be infringers.
(c) Copyright Counter-Notices. If content you posted on the Website was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
1. To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below.
2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
(d) Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):
1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that Scrap App has removed or to which Scrap App has disabled access.
2. Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your Scrap App account.
3. Provide a statement that you consent to the jurisdiction of the Southern District of New York and the Federal District Court for the judicial district in which your address is located (if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above, or an agent of such person.
4. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
John Dill
(800) 792-1466
4016 Raintree Rd, Ste 300
Chesapeake, VA 23321
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
(e) Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Website is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading "Elements of Counter-Notification."
(f) Disclaimer: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Miscellaneous.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. The Uniform Computer Information Transactions Act does not apply to these Terms.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Website shall be filed only in the state or federal courts in and for the County of New York and State of New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE Website OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE Website MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of either party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scrap App without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Scrap App as a result of these Terms or use of the Website. You further acknowledge that by submitting your information to the Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Scrap App other than pursuant to these Terms.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Scrap App relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with Scrap App. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Scrap App as set forth in Section 3 above.
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