Terms and Conditions1. Acceptance of
Terms By subscribing to or
accessing the Creative Crafts Monthly newsletter, you agree to be bound by
these Terms and Conditions and as such terms may be modified from time to
time. If you do not agree to these terms, you should not subscribe to
Creative Crafts Monthly. Any changes to Terms and Conditions shall be
posted on the website http://www.creativecraftsmonthly.com/termsandconditions.htm
and an email shall be sent to all current subscribers of Creative Crafts
Monthly giving notice of change(s). If at any time you do not agree with
the Terms and Conditions set forth herein, or of any amendments to such
Terms and Conditions, you must terminate your subscription with Creative
Crafts Monthly immediately by (i) completing and submitting the Cancel
Subscription page (http://www.creativecraftsmonthly.com/cancel.htm),
or (ii) by notifying us via email at support@CreativeCraftsMonthly.com
of your unwillingness to accept the Terms and Conditions as amended. Your
continued subscription or use of the Creative Crafts Monthly website or
newsletter indicates your acceptance of the Terms and Conditions as set
forth herein. 2. Supplemental
Terms and Conditions Creative Crafts
Monthly reserves the right to supplement these Terms and Conditions with
regards to specific events or promotions. Such supplements may be viewed
in connection with the specific event or promotion advertisement,
publication, website, or email. Your continued subscription to or use of
Creative Crafts Monthly website or newsletter indicates your agreement to
the Supplemental Terms and Conditions and their incorporation by reference
herein into these Terms and Conditions. 3. Termination Creative Crafts
Monthly, LLC (“Creative Crafts Monthly”) reserves the right, at its
sole discretion, immediately and without notice, to terminate your
subscription or access to Creative Crafts Monthly newsletter for any
breach by you of these Terms and Conditions, or for non-payment of
services. No proration or refund of subscriptions already billed at time
of termination will be refunded either whole or in part due to termination
by us for breach of Terms and Conditions by you. Creative Crafts Monthly
also reserves the right to terminate these Terms and Conditions, at its
sole discretion, immediately and without notice, either as set forth
herein or as amended. You agree that if
your subscription is terminated by Creative Crafts Monthly, LLC due to
your breach of the Terms and Conditions, that you will not attempt to
re-subscribe to the Creative Crafts Monthly newsletter using a different
name, e-mail address, or otherwise. You agree that
Creative Crafts Monthly may terminate your membership, with or without
notice, at its sole discretion, without the issuance of any refunds, for
the following: (i) abusive, threatening, or obscene contact with Creative
Crafts Monthly or any of its members, employees, or subscribers; (ii)
impersonation of another person or entity; (iii) unlawful submission of
another’s copyrighted material or intellectual property; (iv) use of any other subscriber’s
information for personal or commercial purposes, including, but not
limited to, use for financial gain, marketing, or any unlawful purpose;
and (v) providing false registration information. 4. Discontinuance
or Modification Creative Crafts
Monthly, LLC may modify or discontinue any part of the Creative Crafts
Monthly website or newsletter, with or without notice, at any time at our
sole discretion. Creative Crafts Monthly, LLC will have no liability to
you or any third party due to the modification or discontinuance of,
either whole or in part, the Creative Crafts Monthly website or
newsletter. If the Creative Crafts Monthly newsletter is discontinued in
its entirety, current subscribers may request a refund of the current
month’s subscription cost only if the discontinuance caused the failure
of Creative Crafts Monthly to send the final issue. Subscribers are not
eligible for a refund if only a partial section of the newsletter is
discontinued. 5. Disclaimer of
Warranties Use of or obtaining
access to the Creative Crafts Monthly website or newsletter constitutes
your agreement with the following: (i) Creative Crafts Monthly expressly
disclaims all warranties of any kind, either express or implied, without
limitation, including any warranty of fitness for a particular use or
non-infringement; (ii) all content of Creative Crafts Monthly is provided
on an “as-available” and “as-is” basis; (iii) use of the Creative
Crafts Monthly website or publications is at your sole risk; (iv) Creative
Crafts Monthly, LLC makes no warranty that access to the Creative Crafts
Monthly website or publications will be uninterrupted, secure, timely, or
without errors; (v) Creative Crafts Monthly, LLC will not be held liable
for any damages, either direct, consequential or incidental, arising from
the unavailability of the Creative Crafts Monthly website or publications;
(vi) Creative Crafts Monthly, LLC will not be held liable for any damages,
either direct, consequential or incidental, arising out of your use of the
Creative Crafts Monthly website or publications; and (vii) any material or
data obtained through the use of Creative Crafts Monthly is downloaded or
obtained solely at your own risk and discretion, and you are solely
responsible for any damages to your computer system or any loss of data
arising from the download of such material. 6. Limitation of
Liability You agree that
Creative Crafts Monthly, LLC shall not be held liable for any damages
resulting from an interruption in service and shall not be liable for the
costs of procuring substitute services or goods due to an interruption or
lapse in service. You agree that Creative Crafts Monthly, LLC shall not be
liable for any damages due to unauthorized access to your account, data,
or data transmissions. You agree to pay
reasonable attorney’s fees and court costs for any litigation arising
from your breach of these Terms and Conditions, or arising from the
infringement by you of any other person’s or entity’s Rights or
intellectual property. 7. Copyrights and
Permissions All content of the
Creative Crafts Monthly website (http://www.CreativeCraftsMonthly.com)
and publications is copyright © 2007 Creative Crafts Monthly, LLC and may
not be reproduced, sold, or otherwise distributed without the express
written consent of Creative Crafts Monthly, LLC. You acknowledge that all
copyrights are protected in any form of media or technology now in
existence or later developed. Copyrights remain the protected property of
Creative Crafts Monthly, LLC and you will not acquire any of those Rights
by the downloading of the Creative Crafts Monthly materials or
newsletters. You agree that
submission of any comment, idea, or intellectual property to Creative
Crafts Monthly becomes the property of Creative Crafts Monthly, and grant
Creative Crafts Monthly, LLC the irrevocable, royalty-free, non-exclusive
right and license to use such content at our sole discretion, including
the right to modify, publish, amend, adapt or create derivative works
from, display, or reproduce such content in any form or media for the full
term of any Rights that exist for such content. You also agree that
Creative Crafts Monthly may identify you as the author or contributor of
such idea or intellectual property in publication unless Creative Crafts
Monthly receives, in writing, your request that you not be identified in
publication. You also agree not to impersonate any other person or entity
as identified on your submission. Creative Crafts Monthly will maintain
records of submission information and may disclose these as required by
law. You agree to hold
Creative Crafts Monthly, LLC, and its members and employees, harmless from
any claim or demand, including attorneys’ fees, made by any third party
arising from the infringement by you of any intellectual property or any
other rights of any person or entity. Notice of
copyright infringement: You
agree not to submit any material that infringes on any other copyright,
trademark, or other intellectual property. Creative Crafts Monthly, LLC
shall not be held liable for unknowingly publishing any idea submitted by
any subscriber or visitor which is deemed to violate another’s Right. If
you feel that material presented or published on or in the Creative Crafts
Monthly website or publications violates your or another’s copyright,
please contact us immediately. 8. Breach of Terms
by You If Creative Crafts
Monthly, LLC determines, at its sole discretion, that you have breached
the terms of these Terms and Conditions, Creative Crafts Monthly may,
without notice, enact any of the following: (i) warn you via e-mail that
you have breached these Terms and Conditions; (ii) terminate your
subscription as set forth in paragraph 3 above; (iii) notify and cooperate
with the appropriate law enforcement authorities; and (iv) any other
action which is deemed appropriate by Creative Crafts Monthly, LLC. 9. Privacy Policy Creative Crafts
Monthly, LLC does not use information we gather about you (which may
include name, email address, IP address, system information, phone,
address, or any other personal identifying information) for any purpose
other than to collect payments for subscriptions or to distribute Creative
Crafts Monthly related materials. Creative Crafts Monthly never sells or
distributes your information to any third parties, except as required to
fulfill your payment information with our third-party payment processor.
Creative Crafts Monthly, LLC employs PayPal as a third-party payment
processor. Payments for Creative Crafts Monthly are paid via your PayPal
account. Your bank and/or credit account information are not shared with
Creative Crafts Monthly, LLC upon subscribing and are handled by and
according to PayPal’s privacy policy. Information provided to PayPal
that may be shared with Creative Crafts Monthly includes your name
and email address. Creative Crafts
Monthly reserves the right to offer you third-party services or products
but will not sell or distribute any identifying information about you to
any third-party. 10. Payments and
Credits Creative Crafts
Monthly, LLC uses PayPal as a third party payment processor. PayPal will
bill your selected payment method monthly as stated below. You will be
required to create an account (at no charge) with PayPal, or use an
existing PayPal account, in order to subscribe to Creative Crafts Monthly.
Creative Crafts Monthly, LLC does not receive your billing
information from PayPal and cannot issue refunds in any manner except
refunds to a PayPal account. By enrolling in Creative
Crafts Monthly you agree that PayPal may bill your credit card or selected
payment method $3.95 on the same day each month for service
beginning with your subscription enrollment and continuing automatically each
month until the termination of your subscription. Monthly payments or drafts
will occur automatically without the issuance of a bill (you will not
receive a bill for your subscription or service). Your issue of
Creative Crafts Monthly will be delivered to your email between the 1st
and the 5th of each month in which your payments are current.
You may cancel your subscription at any time; however, there are no
refunds of amounts already billed and no prorated months. If you cancel
prior to the next billing cycle you will not be charged for that cycle,
but no refunds will be issued for the current cycle. Creative Crafts
Monthly, LLC reserves the right to change or introduce fees or charges at
any time. Advance notice shall be given only to current subscribers for
changes in fees or charges. 11. Jurisdiction These Terms and
Conditions are governed by the laws of the state of 12. Severability In the event that any
of the provisions stated in these Terms and Conditions conflict with the
law under with these Terms and Conditions are construed, or if any such
provisions are held to be invalid by a court with jurisdiction over these
Terms and Conditions, such provisions shall be deemed to be restated to
reflect the original intentions of the parties in accordance with
applicable law. If any such provision is deemed to be invalid, the
remaining provisions shall remain in full force and effect, and shall
remain enforceable to the fullest extent permitted by law. The failure of either party to enforce strict performance by the other party of any provision of the Terms and Conditions, or to exercise any right given herein, shall not be construed as a waiver of such party’s right to assert or enforce any provision or right in that or any other instance and such right or provision shall remain in effect and full force. 13. Assignment of
Rights Creative Crafts
Monthly, LLC reserves the right to assign or transfer its rights and
obligations under these Terms and Conditions to any other party at any
time, and upon such assignment or transfer, will be relieved of any
further obligation hereunder. |
|
Copyright © 2007 Creative Crafts Monthly, LLC. All Rights Reserved. |