
| Terms and Conditions |
| |
| |
| |
|
Welcome to ProvoCraft.com. This site is
provided as a service to our customers. Please
review the following basic rules that govern your
use of our Site (the "Agreement"). Please note
that your use of our Site constitutes your
unconditional agreement to follow and be bound by
these Terms and Conditions. Although you may
"bookmark" a particular portion of this Site and
thereby bypass this Agreement, your use of this
Site still binds you to the Terms. ProvoCraft.com
reserves the right to update or modify these Terms
and Conditions at any time without prior notice.
Your use of the PROVOCRAFT.COM Web site following
any such change constitutes your unconditional
agreement to follow and be bound by the Terms and
Conditions as changed. For this reason, we
encourage you to review these Terms and Conditions
whenever you use this Web site.
|
| |
Copyrights and Trademarks
|
|
Unless otherwise noted, all materials,
including images, text, illustrations, designs,
icons, photographs, programs, video clips and
written and other materials that are part of this
Site are copyrights, trademarks, trade dress
and/or other intellectual property owned,
controlled or licensed by Provo Craft and Novelty,
Inc. one of its affiliates or by third parties who
have licensed their materials to Provo Craft and
Novelty, Inc. and are protected by U.S. and
international copyright laws. The compilation
(meaning the collection, arrangement, and
assembly) of all content on this site is the
exclusive property of Provo Craft and Novelty,
Inc. and is also protected by U.S. and
international copyright laws.
|
|
Provo Craft and Novelty, Inc.. and its
suppliers and licensors expressly reserve all
intellectual property rights in all text,
programs, products, processes, technology, content
and other materials which appear on this Web site.
Access to this Web site does not confer and shall
not be considered as conferring upon anyone any
license under any of Provo Craft and Novelty, Inc.
any third party's intellectual property
rights.
|
|
The Provo Craft, the PC logo, Cricut, Sizzix,
Coluzzle, Art Accentz, Ectetera, PC Tools,
Zision, Qwikit, Jemz, Stand-outs, Scrap Pads,
Changlz, Bradletz, Silent Setter,
Chizzel-it, Bits & Pieces names and logos and
all related product and service names, design
marks and slogans are the trademarks or service
marks of Provo Craft and Novelty, Inc. All other
marks are the property of their respective
companies. No trademark or service mark license is
granted in connection with the materials contained
on this website. Access to this website does not
authorize anyone to use any name, logo or mark in
any manner. References on this Web 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 and Novelty, Inc., endorsement,
sponsorship or recommendation of the third party,
information, product or service.
|
|
ProvoCraft.com is not responsible for the
content of any third party sites and does not make
any representations regarding the content or
accuracy of material on such sites.
|
|
|
If you decide to link to any such third party
web sites, you do so entirely at your own risk.
|
Use of This Site
|
|
This Site and all its Contents are intended
solely for personal, non-commercial use. You may
download or copy the Contents and other
downloadable materials displayed on the Site for
your personal use only. No right, title or
interest in any downloaded materials or software
is transferred to you as a result of any such
downloading or copying. You may not reproduce
(except as noted above), publish, transmit,
distribute, display, modify, create derivative
works from, sell or participate in any sale of or
exploit in any way, in whole or in part, any of
the Contents, the Site. The content and software
on this site may be used only as a shopping
resource. Any other use, including the
reproduction, modification, distribution,
transmission, republication, display, or
performance, of the content on this site is
strictly prohibited.
|
Site Security
|
|
Users are prohibited from violating or
attempting to violate the security of the Site,
including, without limitation, (a) accessing data
not intended for such user or logging onto a
server or an account which the user is not
authorized to access; (b) attempting to probe,
scan or test the vulnerability of a system or
network or to breach security or authentication
measures without proper authorization; (c)
attempting to interfere with service to any user,
host or network, including, without limitation,
via means of submitting a virus to the Site,
overloading, "flooding," "spamming," "mailbombing"
or "crashing;" (d) sending unsolicited email,
including promotions and/or advertising of
products or services; or (e) forging any TCP/IP
packet header or any part of the header
information in any email or newsgroup posting.
Violations of system or network security may
result in civil or criminal liability. The Company
will investigate occurrences that may involve such
violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users
who are involved in such violations. You agree not
to use any device, software or routine to
interfere or attempt to interfere with the proper
working of this Site or any activity being
conducted on this site. You agree, further, not to
use or attempt to use any engine, software, tool,
agent or other device or mechanism (including
without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or
search this Site other than the search engine and
search agents available from Company on this Site
and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft
Explorer).
|
General
|
|
This Agreement represents the complete
agreement between the parties and supersedes all
prior agreements and representations between them.
If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall
be reformed only to the extent necessary to make
it enforceable and the other terms of this
Agreement shall remain in full force and effect.
The failure of Company to act with respect to a
breach of this Agreement by you or others does not
constitute a waiver and shall not limit Company's
rights with respect to such breach or any
subsequent breaches. This Agreement shall be
governed by and construed under Utah law as such
law applies to agreements between Utah residents
entered into and to be performed within Utah. Any
action or proceeding arising out of or related to
this Agreement or your use of this Site must be
brought in the state or federal courts of
Utah.
|
User Comments and other Submissions
|
|
All comments, feedback, mail, suggestions,
ideas, and other submissions disclosed, submitted
or offered to Provo Craft and Novelty, Inc. on or
by this Site or otherwise disclosed, submitted or
offered in connection with your use of this Site
(collectively, the "Comments") shall be and remain
Provo Craft and Novelty, Inc. property. Such
disclosure, submission or offer of any Comments
shall constitute an assignment to Provo Craft and
Novelty, Inc. of all worldwide rights, titles and
interests in all copyrights and other intellectual
properties in the Comments. Thus, Provo Craft and
Novelty, Inc. will own exclusively all such
rights, titles and interests and shall not be
limited in any way in its use, commercial or
otherwise, of any Comments. Provo Craft and
Novelty, Inc. is and shall be under no obligation
(1) to maintain any Comments in confidence; (2) to
pay to user any compensation for any Comments; or
(3) to respond to any user Comments. You agree
that no Comments submitted by you to the Site will
violate any right of any third party, including
copyright, trademark, privacy or other personal or
proprietary right(s). You further agree that no
Comments submitted by you to the Site will be or
contain libelous or otherwise unlawful, abusive or
obscene material. You are and shall remain solely
responsible for the content of any Comments you
make. We welcome your comments regarding the Provo
Craft and Novelty, Inc. Web site. However, any
comments, feedback, notes, messages, ideas,
suggestions or other communications (collectively,
"Comments") submitted by you shall be and remain
the exclusive property of Provo Craft and Novelty,
Inc.. Your submission of any such Comments shall
constitute an assignment to Provo Craft and
Novelty, Inc. of all worldwide rights, titles and
interests in all copyrights and other intellectual
property rights in the Comments. Provo Craft and
Novelty, Inc. will be entitled to use, reproduce,
disclose, publish and distribute any material you
submit for any purpose whatsoever, without
restriction and without compensating you in any
way. For this reason, we ask that you not send us
any comments that you do not wish to assign to us,
including any confidential information or any
original creative materials such as stories,
product ideas, computer code or original
artwork.
|
Colors
|
|
We have made every effort to display as
accurately as possible the colors of our products
that appear on the Site. However, as the actual
colors you see will depend on your monitor, we
cannot guarantee that your monitor's display of
any color will be accurate.
|
Craft Projects
|
|
The information on the instruction/project
sheets is presented as a public service & in
good faith, but no warranty or guarantee
whatsoever is given or implied.
|
|
Provo Craft & Novelty disclaims all
liability from any injury to anyone undertaking
the construction of any project as a result of
improper or inadequate safety precautions. Since
we have no control over physical conditions
surrounding the application of information herein
contained, Provo Craft & Novelty disclaims any
liability for untoward results.
|
Indemnification
|
|
You agree to defend, indemnify and hold Provo
Craft and Novelty, Inc. harmless from and against
any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related
to your use of the Site
|
Termination
|
|
These terms are effective unless and until
terminated by either you or Provo Craft and
Novelty, Inc... You may terminate this Agreement
at any time, provided that you discontinue any
further use of this Site. Provo Craft and Novelty,
Inc. also may terminate this Agreement at any time
and may do so immediately without notice, and
accordingly deny you access to the Site, if in
Provo Craft and Novelty, Inc. sole discretion you
fail to comply with any term or provision of this
Agreement. Upon any termination of the Agreement
by either you or Provo Craft and Novelty, Inc.,
you must promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as
all copies of such materials, whether made under
the terms of use or otherwise. These terms are
effective unless and until terminated by either
you or Provo Craft and Novelty, Inc. You may
terminate this Agreement at any time, provided
that you discontinue any further use of this Site.
Provo Craft and Novelty, Inc. also may terminate
this Agreement at any time and may do so
immediately without notice, and accordingly deny
you access to the Site, if in Provo Craft and
Novelty, Inc. sole discretion you fail to comply
with any term or provision of this Agreement. Upon
any termination of the Agreement by either you or
Provo Craft and Novelty, Inc., you must promptly
destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of
such materials, whether made under the terms of
use or otherwise.
|
Disclaimer
|
|
THIS SITE IS PROVIDED BY PROVOCRAFT.COM ON AN
"AS IS" AND "AS AVAILABLE" BASIS. PROVO CRAFT AND
NOVELTY, INC.. MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS
SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, PROVO CRAFT AND NOVELTY, INC.. DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, PROVO CRAFT AND NOVELTY,
INC.. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE PROVOCRAFT.COM
WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR
SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY
PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF
THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL
PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO
YOU.
|
Limitation of Liability
|
|
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR
EQUITABLE THEORY, WHETHER IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE, SHALL PROVO CRAFT
AND NOVELTY, INC. OR ANY OF ITS EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS
BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR
IN CONNECTION WITH THE USE OF OR INABILITY TO USE
THE PROVOCRAFT.COM WEB SITE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF
RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN
IF AN AUTHORIZED REPRESENTATIVE OF PROVO CRAFT AND
NOVELTY, INC.. HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL PROVO CRAFT AND NOVELTY, INC.. BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID
BY YOU IN CONNECTION WITH YOUR USE OF THE SITE
DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON
WHICH THE CLAIM AROSE.
|
| |
| Purchase Information |
| |
| When you make a purchase from Cricut.com, we collect your name and payment method information, such as credit card information. We collect this information in order to bill you for your purchase. We also collect information that allows us to ship your order. This includes the name, address, and phone number of the intended recipient(s). This information can be updated and modified at anytime. Simply go to "Edit My Account" and update information that you wish. |
| |
| Credit Card info can be stored for ease of shopping at Cricut.com. This information is encrypted and secured by Cricut.com. You may also choose to delete this information after each transaction if desired. |
| |
| By confirming your transaction at the end of the checkout process, you agree to accept and pay for the item(s) requested. |
Message Board Rules
|
| Registration to this message board is free. We do insist that you abide by the rules and policies detailed below. You also agree to the Cricut® MB Policies & Procedures and Cricut® MB Terms of Use as outlined below. The Cricut.com site and Message Board (MB) is designed to support and promote the Cricut® Personal Electronic Cutter™ and the Cricut® Product Line for scrapbooking and other forms of crafting. It is also provided to educate Cricut® users and bring them together in a fun and friendly forum. This message board is to be used to share ideas and help each other with Cricut® related questions as well as build friendships. This site is not set up to promote any other cause or product in any way. |
| It is the intention of Cricut.com to ensure this site and boards are used as defined above. While Cricut.com will attempt to keep all objectionable messages off this forum, it is impossible to review all. Therefore, it is important to note that the views expressed on any and all messages are the sole views of their author and do not express the views of Cricut.com or Provo Craft. Cricut.com, Provo Craft, or the partners or subsidiaries are not responsible for the content of any message on this board. Cricut.com reserves the right to remove, edit, move or close any thread for any reason at their sole discretion. |
Unauthorized or offensive content
|
| By agreeing to these rules, you agree that you will not post any messages that are false and/or defamatory, harassing, inaccurate, abusive, obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise in violation of any laws. You agree not to post any copyrighted material unless the copyright is owned by you or you otherwise have the legal right to post such material. Prior to posting any copyrighted material, you must provide proof of your right to post it. You also agree to be respectful of Cricut.com and its staff and other posters. |
Advertising & Solicitation
|
| Advertisements, announcements, and/or solicitations for the purchase of non-Cricut® products, trade, the distribution of non-related coupons, eBay posting etc, are prohibited. No solicitation of money or other goods are allowed on this site whether for personal donation or for any other cause. No gambling, raffles or any contest that requires a fee or other goods to participate are allowed on this site. The MB and the rest of the Cricut® site shall be used only in a noncommercial manner. You will not distribute or otherwise publish any material containing any solicitation of funds or goods, or services. Promotion, advertising, or solicitation for goods or services is strictly prohibited. You may not use any of the content on the MB or Cricut.com website for commercial purposes. Please note that chain letters and pyramid schemes as well as solicitation of other members to join or become members of any commercial online service or other organization are also prohibited on the MB. Cricut.com reserves the right to remove any posting, discussion, message or thread containing any of the above mentioned. This includes soliciting or promotions through the internal Cricut messaging system. (PM) This includes the promotion of products, web sites, or companies other than Cricut®. |
Unauthorized Personal Information
|
| This is a public forum. Please do not post names, addresses and phone numbers or any other confidential (private or privileged) information. This includes account and credit card information of any kind. If any such post or information is found, it will be removed immediately. If you identify a questionable post please notify the MB administrator immediately. Cricut.com reserves the right to ban and/or remove an account found violating this policy. Cricut.com reserves the right to reveal your identity (or whatever information we know about you) in the following limited circumstances: (i) we have your consent to share the information, (ii) we need to share the information to provide a product or service you have requested, (iii) in response to subpoenas, court orders or legal process including in the event of a complaint or legal action arising from any message posted by you. |
Private messaging and emailing from the MB
|
| This MB has a Private Messaging (PM) and a Private Email option. These can be used to have private contact with other members of the MB. Cricut.com is not responsible for any information shared through this service. You can choose to not use this service or manage it, by blocking anyone you do not wish to communicate with. It is your responsibility to manage this part of your account. |
Community Citizenship
|
| Please respect the opinions and feelings of others. Discussions or posts of a controversial nature may be inappropriate for the MB and will be closed. Threads or discussions containing flames, profanity or statements which question the character / integrity of another are inappropriate. |
Monitoring & Administration
|
| The Cricut® team focuses on providing a fun and enjoyable online community for Cricut® customers and guests. Our focus is on maintaining an environment where creativity can flow through the exchange of ideas and education related to the Cricut® Personal Electronic Cutter™. Due to the real time nature of the MB it is impractical for the Cricut® Team to read every post, thread, comment and discussion. We do employ technology to help ensure that inappropriate or unauthorized information is avoided. In the event that we miss something please notify us immediately. If we find it to be inappropriate, we will make every reasonable effort to remove it in a timely manner. |
Terms of Use
|
| Cricut.com cannot warrant the validity or accuracy of the messages posted to the MB forums. The messages are the express view of the author. You agree not to post messages as someone else using their login information. |
| Cricut.com reserves the right to delete any message, post, thread or image for any reason. You are responsible for the content of your messages, posts, threads, or images. You agree to indemnify and hold harmless Cricut.com, Provo Craft and Novelty Inc., agents, employees, and partners with respect to any claim based on the posting or transmission of any message, post, thread, or image posted by you. |
| Cricut® reserves the right to change and/or modify the MB Policies & Procedures and the MB Terms of Use at any time. By registering, logging in and participating in the Cricut® MB you acknowledge, accept and agree to these terms. Changes will be posted here in the rules on the message board so please check back and review these rules often. We may modify or terminate our services from time to time, for any reason, and without notice. Cricut.com and Provo Craft and Novelty Inc. will not be liable to any user or any third party for the modification or termination of the cricut.com web site or any part of the criuct.com site. |
 |
|