THE FOLLOWING DESCRIBES THE TERMS ON WHICH EDREAM DESIGN, LLC. OFFERS YOU ACCESS TO OUR SERVICES. ScrapeGoat.com is a website of eDream Design, LLC.
Welcome to the User Agreement for ScrapeGoat.com and eDream Design, LLC. This Agreement describes the terms and conditions applicable to your use of our services available under the domain of ScrapeGoat.com. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement is effective on July 1st, 2004 for new clients.
- Client Eligibility.
Our services are available only to individuals who can form legally binding contracts under applicable law.
Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not solicit services. If you are ordering services as a business entity, you represent that you have the authority to bind the entity to this Agreement.
- Prices for services.
Our prices are for the legal use of our services only. Unless explicitly stated in your contract, you are NOT purchasing any rights to the source code of any application. We will aggressively pursue anyone caught selling, marketing, distributing or in any way tampering with any of our source code to the fullest extent of the law. If you wish to purchase ownership rights to the source code for a scraping project, please contact firstname.lastname@example.org to arrange for a transfer of code ownership and payment agreement.
We may change our prices for services from time to time. Contracts for services under an agreed price will be honored so long as the contract is not expired. Contracts without expiration dates automatically expire 90 days from the date of issue.
- ScrapeGoat.com is a data scraping application service provider
3.1 ScrapeGoat.com is an official concept website for eDream Design, LLC.
3.2 Automated Services.
If you contract for automated services, you will billed on an ongoing monthly cycle until you notify us in writing to cancel your service at the address listed on the contact us page. You may also use our support forum for cancelling your services.
3.3 Identity Verification.
ScrapeGoat.com must collect sufficient information to verify the identity of a client ordering services from our website. Any identity falsification will be reported to the proper authorities.
3.4 Release of liability.
As a service provider, in the event that you have a dispute with targeted datasource (scraping target) in relation to the use (or misuse) of any of our services, you release ScrapeGoat.com (and eDream Design, LLC. and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
3.4a Legal Disclaimer and Warning
Data scraping from public websites is very common and in most cases is 100% legal. However it is up to you to determine the legality of the way you plan to use our scrapers or hosting services. We will never knowingly build or host any scraper that is obviously illegal. We assume that the scraper you ask us to build will be used legally and ethically and that you have obtained permission to use it on the targeted data source, if necessary. We reserve the right to refuse service to anyone wishing to use our scrapers in an illegal manner.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, contractors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising from any complaint, suit, disagreement or other reprecussions resulting from your use of our services.
3.4b Suspension of Services
We may immediately suspend your service if we are contacted by your chosen data scraping source, website, target or repository and asked to cease all scraping actitivy. If such an event occurs, we will not disclose your information without a court order mandating us to do so. If however we receive a court order demanding the release of your information to a 3rd party, we will comply. If such action becomes necessary, you agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, contractors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising from any complaint, suit, disagreement or other reprecussions resulting from your use of our services.
3.4c Monetary Recovery
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT COMPANY, AFFILIATES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE COST OF SERVICE YOU PAY TO US PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
3.5 Information Control.
We do not control the information collected by the use or licensing of our services. Please use caution, common sense, and practice safe data handling when using our services. Please note that there can be risks of associated with capturing 3rd party data.
3.6 License to use your information.
- Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass, interfere or attempt to interfere with the proper working of the ScrapeGoat.com site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to ScrapeGoat.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of ScrapeGoat.com or the appropriate third party.
We provide real life examples of many of our scripts. You may not take any actions that may undermine the integrity of the case history examples.
4.2 Hacking, Spamming or other illegal activy
If using any of our hosted services from our servers, you are expressly forbidden to use our server for any illegal activity. If you are caught engaging in such acts, your account will immediately be banned and you will forfeit any and all fees for services. Additionally we will report your activity to the proper authorities.
Without limiting other remedies, we may immediately suspend services, issue a warning, temporarily suspend, indefinitely suspend or terminate our service agreement and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, or any 3rd party targeted data source.
Any information you provide to us will be held in strict confidence, including site usernames, passwords, account numbers, access codes, etc. and will only be used for the purpose of fulfilling our service agreement with you. In the event that we need to store your information, it is kept in our secure facility with 24 hour monitoring on servers with industry standard security in place.
We do not sell or rent your personal information to third parties without your consent. Occasionally you may receive email from us offering our services or products. However, we do not give out your information to any 3rd party without your consent or without a court ordered mandate.
We view protection of user's privacy as a very important business principle. We understand clearly that you and your information are two of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
- No Warranty.
WE, OUR PARENT COMPANY, AFFILIATES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE, SERVICES AND PRODUCTS "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT COMPANY, AFFILIATES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. ScrapeGoat is intended solely for the use of Utah residents and citizens.
- Liability Limit.
IN NO EVENT SHALL WE, OUR PARENT COMPANY, AFFILIATES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT COMPANY, AFFILIATES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by your or any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
Any notices shall be given to the email address you provide to ScrapeGoat.com during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ScrapeGoat.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by ScrapeGoat.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the ScrapeGoat.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Arbitration shall be handled by an independant 3rd party. Arbitration will happen in Utah County and in accordance with State Arbitration laws. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
This Agreement shall be governed in all respects by the laws of the State of Utah as such laws are applied to agreements entered into and to be performed entirely within Utah between Utah residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ScrapeGoat.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by eDream Design, LLC., located in Orem, UT. If you are a Utah resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Disputes between you and ScrapeGoat.com regarding our services may be reported to Customer
Support by emailing support@ScrapeGoat.com
Additionally, you may report complaints via postal mail to eDream Design, LLC. P.O. box 1003 Orem, UT 84059