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User Agreement
After reading this agreement, select the
I AGREE
options below and click continue to advance to the "Privacy Policy"
The purpose of this webpage is to allow certain qualified persons (VIP members
and tax exempt individuals) to post details of craft projects for the community
at large. Crafts2000 does not indorse or sponsor the posted projects and simply
is providing a forum for qualified individuals to post such projects. Crafts2000 does not and cannot guarantee or warrant that the posted information is
accurate. If you have any questions about the project, please utilize the
contact information for the project in question.
Crafts2000.com (the "website") is an electronic posting board that allows certain
persons to post details of various projects and that allows all users to view
any approved postings. By posting these projects, Crafts2000 in no way indorses
or sponsors any of these projects. Crafts2000 is providing this web page for
the benefit of its customers and the community and reserves the right at its
sole discretion to accept or to deny any submitted posting or to remove a
posting that previously has been accepted.
The following describes the terms and conditions under which the services of
this website are provided to consumers (collectively, this "Agreement"). By
entering this website and using any service provided by this website including,
but not limited to, viewing any of its content, submitting any information or
posting any information, you agree to be bound by this Agreement and by the
terms of our Privacy Policy. We may, in our sole discretion, change this
Agreement at any time by updating this web page. You are bound by all such
modifications, and it is your responsibility to review this Agreement on a
regular basis. Your continued use of Crafts2000 website constitutes your
agreement to all such terms, conditions and notices. All uses of the words
"us," "we," "our," "the Company" or "Crafts2000" are references to Darice, Inc.
Prohibited Uses
You are prohibited from doing any act that has the effect of undermining the
integrity of our system, our services and the method by which we provide
services to users.
You are prohibited from establishing any deep link or other connection to any
specific page or pages of this website, without our express written consent.
You may not use any Crafts2000 logo, trademark or other proprietary graphic
without our express written consent. You will not post or transmit through this
website any material which: (i) violates or infringes in any way upon the
rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable; (iii) encourages conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise violates any law; (iv)
creates or attempts to create any liability of Crafts2000; (v) contains
advertising or any solicitation with respect to products or services, unless we
have approved such material in writing, in advance of its transmission; (vi)
introduces any program, executable file or routine (such as a worm, Trojan
horse, cancelbot, time bomb or virus) into our system for any purpose,
irrespective of whether any such program or routine results in detrimental harm
to our system or our data; or (vii) threatens the continuous services of our
ISPs, suppliers and vendors. Any conduct by you that we determine in our sole
discretion restricts or inhibits any other consumer from using or enjoying this
website is expressly prohibited.
You are prohibited from downloading or copying any content displayed on this
website for purposes other than preserving information for your personal use,
without our express prior written consent.
We grant you a limited license to make personal use only of our website in
posting projects that we accept. Such grant does not include, without
limitation: (a) any commercial use of the website or content therein; (b)
derivative uses of our website and its contents; (c) use of any data mining,
robots or similar data gathering and extraction methods or (d) reproduction,
copying or redistribution for commercial purposes of any materials or design
elements of our website. Except as noted above, you are not conveyed any right
or license by implication, estoppel or otherwise in or under any patent,
trademark, copyright or proprietary right of Crafts2000 or any third party. Use
of the content or materials for any purpose not expressly permitted in this
Agreement is prohibited. We reserve the right, without notice and in our sole
discretion, to terminate your license to use our website and to block or
prevent future access to and use of our website.
Your Account
If you use this website, you are entirely responsible for maintaining the
confidentiality of your account, your password, your security questions and
answers thereto and for restricting access to your account. Further, you are
entirely responsible for any and all activities that occur under your account
and/or password. We shall not be responsible for any unauthorized use of your
account and/or password. You may not use anyone elses account at any time
without the permission of the account holder.
We reserve the right to refuse service, terminate accounts and remove or edit
content in our sole discretion.
There is no fee for accessing this website and viewing our content and the
content of third parties that we display.
We retain the right to remove a posting that we previously approved for posting.
If you experience any problems or difficulties with a project, you should
directly contact the posting party to obtain any information regarding the
project.
Links to Other Websites
We may, from time to time, display icons, graphic or textual links to other
websites, or display selected pages of other websites not affiliated with Crafts2000 through framing or other means. Any content, product or service provided
by other websites is subject to the control of such third parties and not Crafts2000. Our inclusion of such a link does not constitute our endorsement of
such website or imply an affiliation with Crafts2000. Your access to and use of
any other website is subject to the applicable user agreements of that website.
You agree that we are not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with your
use of or reliance on such content, goods or services available on or through
such website. We reserve the exclusive right and sole discretion to add,
decline or remove, without notice, any icon or link to another website.
Content
A portion of the content for this website is supplied by third parties. Any
opinions, advice, statements, services, offers or other information or content
expressed or made available by third parties, including information providers,
are those of the respective authors or distributors. Neither Crafts2000 nor any
third party provider of information guarantees the accuracy, completeness or
usefulness of any content, nor its merchantability or fitness for any
particular purpose. We neither endorse nor are responsible for the accuracy or
reliability of any opinion, advice or statement made on this website by anyone
other than our authorized spokespersons while acting in their official
capacities.
Intellectual Property
This website contains proprietary material and information including, without
limitation, the "look and feel" of the website. All design, text, software,
images, trade names, logos and other information presented on this website are
protected under United States and other copyright laws and are owned by Crafts2000 or are used under license from the owner of the respective intellectual
property rights. In addition, the entire contents of this website are
copyrighted as a collective work/compilation. Crafts2000 owns copyrights in the
selection, coordination, arrangement and enhancement of such content, as well
as in the content original to it. You may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be permitted
without our written permission (and the copyright owner if other than Crafts2000). If you are given permission to copy, redistribute or publish
copyrighted material, you may not delete author attribution, trademark legends
or copyright notices. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
Digital Millennium Copyright Act
We are committed to complying with U.S. copyright law and expect all end users
who access our website, including registered users and visitors, to do the
same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse
for owners of copyrighted material who believe that their rights under U.S.
copyright law have been infringed on the Internet. Under the DMCA, copyright
owners may contact the authorized agent of an Internet service provider to
report alleged infringements of their protected works appearing on web pages
hosted by the service provider. Upon receipt of a properly filed complaint
satisfying the requirements of the DMCA, we will remove or block access to the
allegedly infringing material. If a person believes in good faith that a notice
of copyright infringement has been wrongly filed, such person may submit a
counter-notice to us.
If you believe that your copyrights have been infringed, or if a notice of
copyright infringement has been filed against you, you should seek advice of
legal counsel. We are providing the following information to you for
informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a web page hosted by Crafts2000 is violating your rights
under U.S. copyright law, you may file a complaint in respect thereof with our
designated agent in the manner described below.
By Mail:
Crafts2000
21160 Drake Road
Strongsville, Ohio 44149
Attn: Ryan Kilbane
For your complaint to be valid under the DMCA, you must provide the following
information when providing notice of the claimed copyright infringement:
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A physical or electronic signature of a person authorized to act on behalf of
the copyright owner;
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Identification of the copyrighted work claimed to have been infringed;
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Identification of the material that is claimed to be infringing or to be the
subject of the infringing activity and that is to be removed or access to which
is to be disabled, as well as information reasonably sufficient to permit us to
locate the material;
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Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number and, if available, an electronic
mail address;
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A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or law; and
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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.
See 17 U.S.C. 512(c)(3) for more details.
You should be aware that, under the DCMA, claimants who make misrepresentations
concerning copyright infringement may be liable for damages incurred as a
result of the removal or blocking of the wrongfully accused material, court
costs, and attorneys' fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a
counter-notification with Crafts2000 designated agent at the address listed
above. Such counter-notification must contain the following information:
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a physical or electronic signature;
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identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access to it was disabled;
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a statement under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification;
and
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our name, address, and telephone number, and a statement that you consent to
the jurisdiction of the federal district court for the federal district in
which you are located, and that you will accept service of process from the
complainant.
If we receive a valid counter-notification, the DMCA provides that the removed
material will be restored or access re-enabled.
You should be aware that U.S. copyright law provides substantial penalties for a
false counter-notice filed in response to a notice of copyright infringement.
Breach
Without limiting any other remedies that we may have available at law or in
equity, upon our confirmation that you have breached any provision of this
Agreement or the agreements referenced in this Agreement, we may, without
notice, cancel any pending transaction you may have with us, charge you the
sales fee associated with the canceled transaction and restrict or deny your
access to our website and services, including any services that we provide
through channels other than the Internet.
Termination
You agree that we may, under certain circumstances and without prior notice,
immediately terminate your Crafts2000 account. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of this Agreement,
(b) requests by law enforcement or other government agencies, (c) a request by
you (self-initiated account deletions), (d) discontinuance or material
modification of the website, (e) unexpected technical or security issues or
problems, (f) extended periods of inactivity, (g) engagement by you in
fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you
in connection with the services provided by us. Termination of your Crafts2000
account includes (a) deletion of your password and all related information,
files and content associated with or inside your account (or any part thereof),
and (b) barring of further use of the service provided by us. Further, you
agree that all terminations for cause shall be made in our sole discretion and
that we shall not be liable to you or any third party for any termination of
your account or access to the services provided by us.
Binding Arbitration
Any dispute relating to or arising from your purchase of or bid for any Right(s)
or merchandise through this website, or arising under this Agreement in which
money damages are being sought, will be resolved by binding arbitration
conducted in accordance with the Commercial Rules of the American Arbitration
Association. To the extent practicable, hearings will be conducted via
telephone or other electronic means intended to facilitate a forum in which a
hearing may be had. Any in-person arbitration proceeding will take place in
Cleveland, Ohio. Upon conclusion of the arbitration, any court having
jurisdiction over the matter may enter judgment on any award issued in
arbitration.
No Warranties
THIS WEBSITE AND ALL OTHER WEBSITES HOSTED BY CRAFTS2000 AND THE CONTENT
CONTAINED HEREIN AND THEREIN ARE PROVIDED BY US ON AN "AS IS" BASIS. CRAFTS2000
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATIONS OF THE CRAFTS2000 WEBSITES, OR THE CONTENT, PRODUCTS AND/OR
SERVICES INCLUDED THEREIN. ACCESS TO OUR SYSTEM, WHETHER BY USERS OR POTENTIAL
POSTERS, IS DEPENDENT ON THE INTERNET. WE DO NOT HAVE ANY CONTROL OVER THE
INTERNET AND THUS CANNOT GUARANTEE YOUR ABILITY TO ACCESS AT ANY PARTICULAR
TIME OR TIMES TO OUR SERVICES, YOUR SPECIFIC USER ACCOUNT OR OUR MARKETPLACE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CRAFTS2000 DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR
INFRINGEMENT.
Limitation of Liability
CRAFTS2000 SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY
FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
OTHER DATA OR OTHERWISE, THAT MAY BE SUFFERED BY YOU OR ANY OTHER USER OF THE
CRAFTS2000 WEBSITES IN CONNECTION WITH OR AS A RESULT OF THE USE, INABILITY TO
USE OR SLOW RESPONSE TIME OF THE CRAFTS2000 WEBSITES, OR THE LINKED WEBSITES,
OR THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED THEREIN, REGARDLESS OF HOW
SUCH DAMAGES MAY ARISE, EVEN IF CRAFTS2000 HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, YOU SPECIFICALLY ACKNOWLEDGE THAT
CRAFTS2000 IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, TORTIOUS OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES AND YOU ASSUME THE RISK OF INJURY FROM
ANY OF THE FOREGOING.
ANY LIABILITY THAT CRAFTS2000 OR ITS MEMBERS, OFFICERS, DIRECTORS, AGENTS OR
EMPLOYEES HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF
(A) THE TOTAL AMOUNT EXPENDED BY YOU WITH US DURING THE TRANSACTION GIVING RISE
TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to save, defend, indemnify and hold CRAFTS2000 and its respective
directors, officers, members, employees, agents and assigns harmless from and
against all claims and expenses, including attorneys' fees, arising out of your
use of this website including, but not limited to, any use of this website that
is not authorized by this Agreement.
General
This Agreement is to be construed in accordance with the laws of the State of
Ohio, without regard to its conflict of laws provisions and you hereby
expressly and irrevocable consent to the personal jurisdiction and venue of the
State and Federal courts sitting in Cuyahoga County. This Agreement, as updated
from time to time, constitutes the entire agreement between us, with respect to
the terms and conditions of use of this website and supersedes all previous
written or oral agreements between us. If any provision of this Agreement is
held to be invalid or unenforceable, such provision will be struck and the
remaining provisions will be enforced. The section headings in this Agreement
are for reference purposes only and in no way limit or describe the scope of a
particular section. Our failure to enforce any breach of this Agreement by you
or others does not mean that we have waived our right to enforce the terms of
this Agreement in the future for a similar breach.
Do you agree with the terms and conditions of the User Agreement?
Do you understand your arbitration rights as outlined in the Legal Disputes
section of the User Agreement?
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