2. Sponsored Activity. "Sponsored Activity" or "Sponsored Activities" means any and all online and offline activities sponsored by Provo Craft, including, without limitation, (a) visiting and viewing our Site and any other websites operated by Provo Craft; (b) submission of any Content (as defined below); and (c) participation in any forum, message board, bulletin board, internal messaging system, or social media site or program sponsored by Provo Craft.
3. Your Account. To access our Site, make purchases of products or services, or participate in any Sponsored Activity you may be asked to (a) provide certain registration details or other information; (b) to establish a user account specific to you ("your Account"). To create your Account, you must qualify under and agree to the conditions set forth below:
- You are either 18 years old or older or the age of legal consent in your jurisdiction, whichever is older. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time.
- All information that you provide in your registration form for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information.
- Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, log-in or user ID to access or use the Site to arrange, enter, and/or participate in any Sponsored Activity, or for any other purposes. We take no responsibility for any third party access to your Account.
- You have verified and determined that your use of the Site does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case.
- You will not engage in any conduct that injures or may injure the business, reputation or goodwill of Provo Craft.
- You shall not infringe or encroach upon Provo Craft's or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets.
- You are physically located in a U.S. state, or a jurisdiction located outside the United States, in which participation in Site or Sponsored Activities are not prohibited by the law of that state or jurisdiction.
- You will not use the Site or any Sponsored Activity for fraudulent or otherwise illegal purposes; should you learn that any user is using the Site or any Sponsored Activity for fraudulent or otherwise illegal purposes, you will immediately notify us in writing.
- You understand that we may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site or any Sponsored Activity is illegal or restricted.
- You will not mask your identify in any way, including without limitation, IP masking by accessing the Site or any Sponsored Activity over any type of proxy server, through IP masking software or the like.
- Not to alter or modify any part of our Site;
- Not to engage in the sale of access to our Site or any Content on our Site;
- Not to engage in the sale of advertising, sponsorships, or promotions placed on or within our Site or any Content;
- Not to engage in the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via our Site, unless other material not obtained from Provo Craft appears on the same page and is of sufficient value to be the basis for such sales;
- Not to circumvent, disable or otherwise interfere with security-related features of our Site or any Sponsored Activity or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Site or any Sponsored Activity or the Content therein;
- Not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses our Site in a manner that sends more request messages to the Provo Craft servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Not to collect or harvest any personally identifiable information, including account names, from our Site, nor to use the communication systems provided by our Site or any Sponsored Activity (e.g., email, or comments or other posts in a forum or on a message board, internal messaging system or bulletin board) for any commercial solicitation purpose; and
- Not to solicit, for commercial purposes, any users of our Site or any Sponsored Activity with respect to their Content.
Notwithstanding the foregoing, Provo Craft grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such Content. Provo Craft reserves the right to revoke these exceptions either generally or in specific cases. In your use of our Site or participation in any Sponsored Activity, you will comply with all applicable laws.
Provo Craft reserves the right to discontinue any aspect of our Site or any Sponsored Activity at any time. For more information about what constitutes a prohibited commercial use, see our Angel Policy.
5. Content. "Content" means all works of authorship and other materials and intellectual property developed or provided by you, Provo Craft or its licensors, users of our Site or other websites operated by Provo Craft, and any participants in any Sponsored Activity, including, without limitation, text, graphics, illustrations, still photography, slides, audiovisual combinations, animations, sounds, music, and motion videography. Content shall also include any Craft Materials (as defined below) and any HTML code or other code developed or provided by Provo Craft to be used in connection with our Site, other websites operated by Provo Craft, or any Sponsored Activity. As used in this Agreement, the term "Craft Materials" means any content created by You and is submitted by You to our Sites, as well as Your name (including professional name), likeness, signature, and biographical information. Craft Materials may also include, without limitation, audio, video, and audiovisual materials, artwork, texts, graphics, instructions, photographs and other files that You submit to our Sites under this Agreement.
(a) Restrictions.You may not post, send, submit, publish, or transmit in connection with our Site or any Sponsored Activity any Content that:
- You do not have the right to post, including confidential or proprietary content, material or personal or financial information of any third party;
- Is false, inaccurate or misleading;
- Advocates illegal activity or discusses an intent to commit an illegal act;
- Is vulgar, obscene, pornographic, sexually-oriented, indecent, or otherwise in violation of any laws;
- Does not pertain directly to our Site or the applicable Sponsored Activity;
- Threatens or abuses others, libels, defames, invades privacy, stalks, or is racist, abusive, harassing, threatening or offensive;
- Seeks to exploit or harm children by exposing them to inappropriate Content asking for personally identifiable details or otherwise;
- Infringes any intellectual property or other right of any entity or person, including violating anyone’s patents, trade secrets, copyrights or trademarks or their rights of publicity;
- Violates any law or may be considered to violate any law;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content, material or information;
- Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities on our Site;
- Disobeys any policy or regulations established from time to time regarding use of our Site or participation in any Sponsored Activities;
- Contains hyperlinks to other websites that contain content that falls within the descriptions set forth above;
- Advertises, promotes, or solicits the donation, sale or purchase of non-Provo Craft products or services, the distribution of non-Provo Craft related coupons, eBay postings etc., are prohibited;
- Advertises, promotes or solicits participation in a multi-level marketing or pyramid scheme; or
- Advertises, promotes, or solicits other users to join or become members of any commercial online service or other organization.
You understand that when using our Site and participating in any Sponsored Activity, you will be exposed to Content from a variety of sources, and that Provo Craft is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Provo Craft with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Provo Craft, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of any Content.
(c) Your Submissions. You grant to Provo Craft the limited license to original works you submit to our Site in order that Provo Craft may administer and enforce our Site, for example, to copy such original works to multiple servers (e.g. backup servers). Provo Craft does not claim ownership of the original works which you submit to our Site. By posting or submitting to our Site, or in connection with any Sponsored Activity, you automatically grant Provo Craft all rights necessary to prohibit any subsequent unauthorized aggregation, display, copying, duplication, reproduction, or exploitation of such Content by any third party for any unauthorized purpose. You also agree that you shall not have any right, title, or interest in the Provo Craft’s intellectual property.
6. Payments. All payments to Provo Craft to open your Account, enter a contest, participate in other Sponsored Activities, or purchase other goods or services must be made using Pay-Pal, credit card or other means of payment that we may approve from time to time. All payments to Provo Craft must be made from a payment source on which you are the named account holder. All payments to Provo Craft are not refundable, for any reason.
You agree that Provo Craft is not liable for any loss caused by any unauthorized use of your Pay-Pal Account, your credit card or any other method of payment by a third party in connection with our Site or any Sponsored Activity. You waive your right to dispute any payment made into your Account and you will personally bear all costs.
Any attempt to defraud our Site through the use of Pay-Pal, credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account, forfeiture of any prizes which you may have been awarded, and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials or credit card information, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments. We reserve the right to run credit checks on any user on the basis of the information provided to us on registration.
7. Our Right to Not Accept Your Order or Cancel Your Purchase. Provo Craft reserves the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs: the product is not available/in stock (any payments will be refunded); your billing information is not correct or not verifiable; your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; your bank transfer payment is not received within twelve (12) calendar days after acceptance of your order; we have reason to believe you are under eighteen (18); we have reason to believe that you are a reseller; there was an error in the price quote; or we could not deliver to the address provided by you.
(a) Price Changes. The product prices displayed on our Site may be subject to change. Provo Craft reserves the right to change prices without notice. Subject to clause 8(b) below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.
(b) Pricing Errors. Please note that even though our Site is composed with care, it is possible that the pricing information on our Site contains errors. Provo Craft is not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
9. Promotions. Provo Craft offered Sponsored Activities comprised of sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine any requirements of You in connection with the applicable sweepstakes, contest or promotion.
10. Risk of Loss. All items purchased from Provo Craft are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11. Returns. You must contact firstname.lastname@example.org within five (5) days of receipt of your order in order to return any purchased item. No returns will be accepted after fifteen (15) days of receipt of your order. We do not offer returns on opened CRICUT® cartridges. Any returns must be in saleable condition, in original packaging. Return shipping is the customer’s responsibility, unless you have received a damaged product or the wrong product. Damaged products must be returned and will be exchanged with same item or a credit given, whichever you prefer. All returns are subject to a twenty percent (20%) restocking fee. If an order is canceled after it has been processed, it is considered a return and will be subject to a restocking fee. You will need an RMA number before returning any products. Returns without an RMA will not be accepted. Please contact us to request an RMA. After receiving an RMA, your returns must be received within fourteen (14) days.
12. Intellectual Property Rights. Unless otherwise noted, all Content on our Site or furnished in connection with any Sponsored Activity is subject to the copyright, trademark, trade dress and other intellectual property rights held by Provo Craft or its affiliates or by third parties who have licensed their Content and rights to Provo Craft. All such rights are protected by U.S. and international copyright and trademark laws. Provo Craft, its affiliate and licensors expressly reserve all intellectual property rights in all Content which appears on our Site or is furnished in connection with any Sponsored Activity. Access to our Site does not confer and shall not be deemed as conferring upon anyone any license under any of Provo Craft's or any third party's intellectual property rights.
The CRICUT®, CRICUT DESIGNSTUDIO®, CRICUT CRAFT ROOM®, CRICUT EXPRESSION®, CRICUT IMAGINE®, CRICUT CAKE®, CRICUT MINI®, GYPSY®, YUDU®, YOURSTORY®, CUTTLEBUG®, KNIFTY KNITTER®, PROVO CRAFT®, and other marks and designs and all related product and service names, design marks and slogans are the trademarks or service marks of Provo Craft. All other marks are the property of their respective proprietors. No trademark or service mark license is granted in connection with the Content contained on this website, and access to our Site does not authorize anyone to use any name, logo or mark in any manner. References on our Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Provo Craft's endorsement, sponsorship or recommendation of such third party, or its information, products or services.
14. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any 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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Provo Craft to locate the material;
- Information reasonably sufficient to permit Provo Craft to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Provo Craft's designated Copyright Agent to receive notifications of claimed infringement is Provo Craft & Novelty, Inc., Attn: Copyright Agent, 10876 South River Front Parkway, Suite 600, South Jordan, Utah U.S.A. 84095; email: email@example.com, fax: 801-446-8046. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Provo Craft customer service through http://cricut.com/home/support/contact-us. You acknowledge that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Salt Lake City, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Provo Craft may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Provo Craft's sole discretion.
15. Warranty Disclaimer. YOU AGREE THAT YOUR USE OF OUR SITE AND YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVO CRAFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SITE AND YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY. PROVO CRAFT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OUR SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR PAYMENT ACCOUNT INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVERS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE OR ANY SPONSORED ACTIVITY. PROVO CRAFT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE OR ANY SPONSORED ACTIVITY OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROVO CRAFT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. Limitation of Liability. IN NO EVENT SHALL PROVO CRAFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR PAYMENT ACCOUNT INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVERS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE OR ANY SPONSORED ACTIVITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU OR PROVO CRAFT ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PROVO CRAFT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Our Site is controlled and offered by Provo Craft from its facilities in the United States of America. Provo Craft makes no representations that our Site or any Sponsored Activity is appropriate or available for use in other locations. Those who access or use our Site or participate in any Sponsored Activity from other jurisdictions do so at their own volition and are responsible for compliance with local law.
21. Termination. You or we may suspend or terminate your account or your use of our Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of our Site at any time without notice.