WEBSITE TERMS OF USE
This Website Terms of Use (“Agreement”) governs your (“you”, “your” or “user”) use of this website (the “Site”) (Crafty Moms, our licensees and assignees referred to in this Agreement as “Crafty Moms”, “us”, “we” or “our”).
Crafty Moms reserves the right to revise this Agreement in its sole discretion at any time and without prior notice to you other than by posting the revised Agreement on the Site. Any revisions to the Agreement are effective upon posting. The Agreement will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of this Agreement. Your continued use of the Site, services, or products, after a revised version of this Agreement has been posted by Crafty Moms to the Site constitutes your binding acceptance of such revision and the revised Agreement. Notwithstanding the preceding sentences of this paragraph, no revisions to this Agreement will apply to any dispute between you and Crafty Moms that arose prior to the date of such revision.
BY ENTERING THE SITE OR PURCHASING ANY PRODUCT OR SERVICE YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE THIS SITE.
1. USE OF THE SITE.
You must comply with all of the terms and conditions of this Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Site.
Crafty Moms and its licensors solely and exclusively own all intellectual property and other right, title and interest in and to the Site and Website Materials, except as expressly provided for in this Agreement. You will not acquire any right, title or interest therein under this Agreement or otherwise.
Crafty Moms grants you a limited revocable license to access and use the Site for its intended purposes, subject to your compliance with this Agreement. This license does not include the right to collect or use information contained on the Site for purposes prohibited by Crafty Moms; create derivative works based on the Website Materials or any third-party content available via the Site (which must be agreed to in a separate agreement); or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this Agreement, Crafty Moms may revoke the license granted to you.
Crafty Moms may use third parties to provide certain services accessible through the Site. Crafty Moms does not control those third parties or their services, and you agree that Crafty Moms will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Agreement when you use these services. If any such terms or policies conflict with this Agreement, agreements or policies, you must comply with this Agreement, agreements or policies, as applicable.
2. USE OF WEBSITE MATERIALS.
Crafty Moms, via this Site, provides videos, photographs, written materials, and other downloadable and non- downloadable digital goods and services (collectively referred to as “Website Materials”). You hereby understand that your use of the Website Materials is a limited right and license only for your personal and private use. You shall not distribute, make copies of, publicly display, create derivative works, exploit, or otherwise use any of the Website Materials except for your personal and private use. Any use outside of this limited scope shall be an infringement of Crafty Moms intellectual property rights and a breach of this Agreement.
3. INTELLECTUAL PROPERTY.
You acknowledge that the Site may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Crafty Moms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on any content found on the Site, in whole or in part. Any use of the Site or any content other than as specifically authorized herein, without the prior written permission of Crafty Moms, is strictly prohibited.
The Crafty Moms name and logo are trademarks of Crafty Moms (collectively, the “Crafty Moms Trademarks”). Other company, product, and service names and logos used and displayed or otherwise incorporated into the Site may be trademarks or service marks of their respective owners, and nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Crafty Moms Trademarks or other trademarks displayed on the Site, without prior written permission in each instance. All goodwill generated from the use of Crafty Moms Trademarks will inure to our exclusive benefit.
We respect the intellectual property of others. If you believe that any content on the Site has been copied in a way that constitutes copyright or trademark infringement, please email us at our general email address to notify us of a claimed infringement. Your communication concerning a claimed infringement must include substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
(ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
(iii) Identification of the specific 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 Crafty Moms to locate the material;
(iv) Information reasonably sufficient to permit Crafty Moms to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that the 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
4. SUBMISSIONS.
When you submit emails, communications, questions, comments, suggestions, ideas, message board postings, material submitted via web forms, or any other information (“Submissions”), you grant Crafty Moms permission to use such Submissions for marketing and other promotional purposes. You agree that Crafty Moms will have no obligation to keep any Submissions confidential and you will not bring a claim against Crafty Moms based on “moral rights” or the like arising from Crafty Moms’ use of a Submission.
5. ACCURACY OF INFORMATION.
We attempt to be as accurate as possible when describing our products on the Site, however, we do not warrant that the product descriptions, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
6. OTHER WEBSITES.
Users may find advertising or other content on the Site that link to the sites and services of our clients, partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse or control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website’s own terms and policies. Crafty Moms shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource.
7. REPRESENTATIONS & WARRANTIES.
You represent and warrant that you: (i) have the full power and authority to enter into and perform under this Agreement; (ii) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; and (iii) will comply with all applicable laws, rules, and regulations.
8. COOKIES.
The Site may use “cookies” to enhance your experience. Your web browser places cookies on its hard drive for record-keeping purposes and sometimes to track information about them. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Site may not function properly.
9. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRAFTY MOMS AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CRAFTY MOMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. IN NO EVENT SHALL CRAFTY MOMS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
10. NO WARRANTY.
CRAFTY MOMS PROVIDES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR SUITABILITY OF THE SERVICES, PRODUCTS, CONTENT, INFORMATION, OR MATERIALS FOUND ON THE CRAFTY MOMS WEBSITE FOR ANY PARTICULAR PURPOSE.
11. INDEMNIFICATION.
You will indemnify and hold Crafty Moms and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any portion of this Agreement. If you have to indemnify Crafty Moms under this Section, Crafty Moms will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Crafty Moms’ express written permission.
12. ASSIGNMENT.
Crafty Moms has the right, at its election, to assign this Agreement or any of its rights hereunder, or delegate any of its obligations hereunder in whole or in part, to any person, firm, or corporation. You will not have the right to assign or transfer any rights hereunder.
13. ARBITRATION.
If a dispute arises from or relates to this Agreement, your use of the Crafty Moms Website, Website Materials, or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree that any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds one hundred thousand dollars ($100,000), in which case the dispute shall be heard by a panel of three (3) arbitrators. The place of arbitration shall be Miami-Dade County, Florida. The arbitration shall be governed by the laws of the State of Florida. The prevailing party shall be entitled to an award of reasonable attorney fees, if awarded by the arbitrator(s).
Notwithstanding the foregoing, if a third-party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in this Agreement, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.
In the event of a dispute arising out of this Agreement and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees.
14. GOVERNING LAW.
This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. The parties to this Agreement agree that any claim or dispute arising under this Agreement must be resolved by a court located in Miami-Dade County, Florida, except as otherwise agreed by the parties or as described in the Arbitration provision above. The parties agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.
15. CONSENT AND CHANGES.
Your use of this Site shall be deemed express approval of all terms of this Agreement. If you do not consent to this Agreement or any of the above terms, please immediately exit and discontinue use of the Site. Crafty Moms has the discretion to update this Agreement at any time. In the event this Agreement is updated, we will also update the date set forth below. Please check this page regularly to keep informed of any such updates.
YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES THERETO.
16. MISCELLANEOUS.
This Agreement contains the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral. The undersigned acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Agreement, and acknowledge that the undersigned have not executed this Agreement in reliance upon such promise, representation or warranty not contained herein. You may be subject to additional Agreement that may apply when you use affiliate services, third-party content or third-party software. Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
17. CONTACT.
If you have any questions about this Agreement, the practices of Crafty Moms, or your dealings with this Site, please contact us at our general email address.
Any rights not expressly granted herein are reserved.
© 2023 Crafty Moms
*Agreement was last updated March 13, 2023