Terms and Conditions
1. 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
Virginia, without giving effect to any conflict of law
provisions. By subscribing to or using the Creative Crafts Monthly website or
publications (including the Creative Crafts Monthly newsletter) you consent and
submit to the exclusive jurisdiction of the state and federal courts in the
state of
Virginia. You agree that any legal action arising
regarding Creative Crafts Monthly or Creative Crafts Monthly, LLC will be
pursued only in the venues of the state and federal courts of Virginia.
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.
