Effective May 25, 2018.
PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.By using the Site, you agree that you have read, accept, and agree to these Terms. Do not use the Site if you do not agree.
ARBITRATION NOTICE: Except as described in the Disputes section, you agree that any dispute between you and American Crafts will be resolved by binding, individual arbitration. That means that an arbitrator, not a judge or jury, will decide the dispute and that you waive your right to bring an action in court. You also waive your right to bring a dispute as, or participate in, a class, consolidated, representative, collective, or private attorney-general action or arbitration.
We may offer a feature that has its own terms and conditions in addition to these Terms ("Additional Terms"). If there is a conflict between these Terms and the Additional Terms, the Additional Terms will apply (unless the Additional Terms state that they do not apply).
Table of Contents
- Your Account.
- Closing or Suspending an Account
- Authorized Use of the Sites and Site Content.
- Prohibited Use of the Sites and Site Content.
- Third Party Sites and Content.
- User Content.
- Acceptable Use.
- Disclaimer of Warranties.
- Limitation of Liability.
- Digital Millennium Copyright Act ("DCMA") Notice.
- Updated Terms
You may browse parts of the Site without creating an account. However, to access certain features, you must create an account, which may require you to create a user name and password and provide other information. Keep your user name and password confidential. You are responsible for your account activity and the accuracy of the information you provide. You must notify us immediately if you suspect any unauthorized activity.
You may close your account by contacting us at Contact Us stating you wish to close your account.However, we may close or suspend your account without notice; if we do, you may no longer have any access to it.
You may use the Site and any material on the Site (such as images and text, but also including the domain name, code, and the elements that make up its "look and feel")(collectively, "Site Content") only for your own personal, non-commercial use.This includes:
- Downloading Site Content that is made available for download.
- Using a link on the Site to share a link or Site Content as permitted by the sharing mechanism.
- Linking to the Site using a plain-text link from a site that you own or control.
- Pasting HTML or other code we provide on the Site ("Widget") to embed Site Content on your personal web page, third party website, or social networking site.
You acknowledge that: these authorized uses do not grant you any ownership or other rights in the Site or any Site Content, including links, sharing, or Widgets. Further, we may revoke our authorization at any time and, in connection with sharing, Widgets, and links if, in our opinion:(a) you imply that we or the Site is endorsing, sponsoring, or otherwise affiliated with any third party or its products or services; (b) the surrounding content presents false information about, disparages, tarnishes, or otherwise harms us or our products or services; (c) the link appears on the same page as content that could be construed as offensive, controversial, or otherwise objectionable.
You May NOT:
- Use the Site or Site Content for any commercial purpose, such as marketing or advertising, or to provide services as a service bureau.
- Frame the Site or Site Content.
- Take any action that causes the Site or Site Content to stop working properly or that circumvents security of the Site or Site Content.
- Change or remove any author attribution, trademark, legend, or copyright notice.
- Except as part of standard use of a search engine or browser, download, monitor, mine, copy, or otherwise reproduce, store, or distribute the Site or any Site Content.
There may be links or functionality on the Site or in communications from us to third party websites or online features. The Site may also include third party content that we do not control, maintain, or endorse.
The Site may also permit interactions between the Site and a third-party website or online feature, including applications that connect the Site or your profile on the Site with a third-party site or feature. For example, the Site may permit you to share a link and Site Content to your social network or by email or to indicate on your social networking page that you "like" a specific product on the Site.
These Terms do not apply to any third-party sites or features, products, or services, including those to which the Site may link, which we do not control. To the fullest extent permitted by law, neither American Crafts nor its service providers are responsible for the actions of any third party. You acknowledge and agree that we make no representation or warranties about the completeness or accuracy of any third-party site and you use it at your own risk. If you choose to connect your information on the Site with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed.
The Site may permit you to submit or post photos, text, images, or other content, including information that identifies you, such as your name, user name, likeness, biographical information, and other characteristics ("User Content") through interactive or other features, such as:(a) posting content that you have created; or (b) entering a sweepstakes or contest ("Submission Features").
By providing User Content, you grant to us anon-exclusive, worldwide, irrevocable, perpetual, transferable, and royalty-free right to use, copy, distribute, display, perform, modify, translate, store, or otherwise exploit the User Content (including identifying information, such as your name, likeness, etc.) in any media throughout the world. You represent and warrant that you own or have all necessary rights to provide your User Content and license it to us as described above and in accordance with any AdditionalTerms that may apply; that your User Content is accurate; and that use of your User Content does not violate these Terms or violate or infringe on the rights of any third party and will not cause harm . At our request, you will provide us with documentation to verify your compliance with these Terms.To the fullest extent permitted by law, you waive any "moral rights" you may have in your User Content, even if you do not agree with our use or how we have modified it.
We may, but are not required to, screen, monitor, edit, or remove any User Content or other material that (in our opinion) violates these Terms or the standards for the Sites. However, we are not responsible for the substance of User Content; you acknowledge that you may be legally responsible for your User Content.
You may not post, submit, email, or otherwise make available User Content that:
- Is used in any commercial manner or contains any advertising and promotion.
- Encourages or constitutes conduct that is or could be considered unlawful, harmful, hateful, threatening, abusive, vulgar, harassing, defamatory, obscene, an invasion of privacy, or contrary to law.
- May annoy or inconvenience others.
- Is inappropriate for display in a public forum.
- Is false, deceptive, misleading, or constitutes a "bait and switch" or impersonation of another, including aAmerican Crafts employee or representative.
- Solicits funds or donations or contains any spam, chain letters, pyramid schemes, or other types of unsolicited messages.
- Violates any third-party right, including copyright, trademark, patent, trade secret, moral, privacy, publicity, and other intellectual property or proprietary rights.
- Breaches confidentiality or privacy (such as copying private messages from others).
- Limits others from using and enjoying the Sites or the products or services offered on the Sites.
- Is potentially harmful, such as a computer virus, Trojan horse, or corrupted data or code.
- Violates obligations or restrictions imposed by any third party.
We welcome your feedback and your participation in Site features.However, we do not review any unsolicited ideas, inventions, suggestions, or materials.We do this to avoid misunderstandings if we (or someone we are working with) develop something that seems similar to what you submitted.By submitting any unsolicited idea, invention, suggestion, or other materials (through the Sites, by email, or regular mail, or any manner), including User Content, you agreeâ€”regardless of what you might say as part of the submissionâ€”that:(a) it is not confidential or proprietary to you, (b) we have no obligation to acknowledge receipt or return it to you, (c) we are free to use, distribute, or disclose it without any compensation to you or any third party.
To the fullest extent permitted by law, the Sites and materials on these Sites are provided "as is", "as available" and "with all faults." To the fullest extent permitted by law, American Crafts, its vendors, licensors, and suppliers, and the directors, officers, employees, and other representatives of each (collectively, "American Crafts Parties"):
. Disclaim all warranties, express or implied in connection with each Site, including (but not limited to) any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or custom.
. Do not represent or warrant that the Site (or Site Content) will be uninterrupted or error-free or that the Site or its server is free of viruses or other harmful components.
. Do not represent or warrant that the information (including any instructions) on the Site is accurate, complete, or reliable.
Unless required by law, and only to the extent required by law, we are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
The American Crafts Parties will not be liable for special or consequential damages that result from the use of, or the inability to use, the Site or Site Content.In no event will the total liability to you by the American Crafts Parties for any claims, damages, losses, and causes of action exceed the amount you paid us, if any, for accessing the applicable Site or, if you did not pay us, $10.00 USD.This limitation on damages is not intended to limit any obligation to pay prevailing party costs or fees as required by law or to limit or exclude liability for personal injury or property damage caused by the American Crafts Parties, or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct by the American Crafts Parties.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the American Crafts Parties from and against any and all claims, damages, losses, costs, and expenses, including (but not limited to) attorneyâ€™s fees arising from: (a) your breach of any of these Terms or Additional Terms, (b) your content and materials, including (but not limited to) submissions and User Content, (c) your use of the Site, Site Content, or Site features as permitted by us or (d) your violation of law or any agreement you have with a third party.
You agree that these Terms and your use of the Site is governed by the laws of the State of Illinois, United States of America.Both you and the American Crafts Parties waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action.
Except for the American Crafts Parties' right to seek injunctive or equitable relief in a state and federal court located in DuPage or Cook County, Illinois (or any other court with jurisdiction over the parties), the parties each agree to finally settle all disputes arising out of or relating to the Site only through binding arbitration before a sole arbitrator under the streamlined arbitration rules procedures of JAMS Inc. ("JAMS").In arbitration, there is no judge or jury and review is limited.With limited exceptions, the arbitrator's decision and award is final and binding, and judgment on the award may be entered in any court with jurisdiction.If JAMS does not set a hearing date within 14 days of the filing of a "demand for arbitration," then a party may elect to have the arbitration administered by a mutually-agreed arbitration service.If an in-person hearing is required, it will take place in, Chicago, Illinois; New York City, New York; Nashville, Tennessee; or Los Angeles, California (whichever is closest to your residence) or near your hometown if the JAMS rules require.A dispute will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason a court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction located in DuPage or Cook County, Illinois.American Crafts will pay the administrative and arbitrator's fees to conduct the arbitration (but not travel or other costs you incur).Either party may, notwithstanding this provision, bring qualifying claims in small claims court.In no event will you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation or exploitation of the Site.
If any of the provisions of these Terms are found unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be considered severable from these Terms and will not affect the validity and enforceability of the other provisions. This is our entire agreement regarding this subject.If American Crafts does not act after you or others breach these Terms, it does not waive American Craftsâ€™s right to act in the future. You agree that these Terms will not be construed against American Crafts because American Crafts has drafted them. Provisions of these Terms that would logically survive termination will survive the termination of these Terms, including (but not limited to) Disclaimer of Warranties, Limitation of Liability, Disputes).
If an activity is not expressly authorized by these Terms, you do not have permission to do it.To request permission to access or use the Site or Site Content in a way that is not expressly authorized, for example, to link to the Site with a link that is not a plain-text link or use Site Content on your website, send an email to firstname.lastname@example.org.You understand that we may not grant you permission, however.
We respect the copyright interests of others. It is our policy not to permit materials that we know to infringe copyright to remain on the Site.
If you believe any material on the Site infringes a copyright, provide us with written notice that, at a minimum:
. Is signed (physically or electronically) by the copyright owner (or a person authorized to act for the copyright owner).
. Identifies the work claimed to be infringed (or, if multiple works, a representative list).
. Identifies the material claimed to be infringing that you are requesting be removed (or access to which blocked) along with information that will let us locate it.
. Your contact information (i.e., address, telephone number, email address, preferably all three).
. A statement that the complaining party has â€œa 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.â€�
. 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.
All DMCA notices should be sent to our designated agent as follows:
588 West 400 South, Suite 300
Lindon, UT 84042
or via email to: email@example.com
If a third party repeatedly infringes the copyrights of others, it is our policy to terminate their privileges on our Site and take other appropriate action.