BEFORE YOU CONTINUE PLEASE READ THE TERMS AND CONDITIONS OF
THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY CONTINUING ON YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE
TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
Subscriber Agreement
The Web site located at
http://www.PrincessCrafts.com ("Site") is provided
by PrincessCrafts.com. Your access to and use of
the Site is governed by this Subscriber Agreement ("Agreement"). As used in this
Agreement, "," "we," "us'" or "our" refers to
PrincessCrafts.com, and
"you" or "your" refers to you, the user of the Site. The Agreement below is the
agreement you consented to upon subscribing to the site. The Agreement does not
apply to use of the publicly available Web Site maintained by
PrincessCrafts.com.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been
assigned a particular username and password in accordance with
PrincessCrafts.com's username and password guidelines. YOU AGREE THAT YOU
ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR
PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR
USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user
that accesses the Site using your username and password, at or through the Site
will be attributed to and legally bind you, even with respect to acts for which
the user had no actual authority or made an error. You assume all resulting
liability from use of the Site and any services available on it by you or others
using your username or password. If you lose your username or password, please
contact us at: .
2. Subscription Fees and Payments
All subscription fees are subject to change at any time, but will not take
affect until you renew your subscription. The current Subscription Fees are
posted on our site. Your subscription will not renew automatically. You agree to
pay or have paid all fees and charges incurred in connection with your username
and password for the Site (including any applicable taxes) at the rates in
effect when the charges were incurred. All fees and charges are nonrefundable
after 8 weeks. PrincessCrafts.com may change the fees and charges then in
effect, or add new fees or charges, by giving you notice in advance. All fees
and charges incurred in connection with your PrincessCrafts.com username
and password will be billed to the credit card designated during the
registration process for the Site or subsequently designated by you to
PrincessCrafts.com at the time of purchase. You are also responsible for
any fees or charges incurred to access the Site through an Internet service
provider or other third party service. YOU, AND NOT PrincessCrafts.com,
ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD
PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated
herein by this reference. Please read it now at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other
message or communication facilities ("Communication Services") designed to
enable you to communicate with others. You agree to use the Communication
Services only to submit or post messages and material that are proper and, when
applicable, related to the particular Communication Service. You are also
prohibited from submitting to, posting or transmitting through
PrincessCrafts.com any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind, including but not
limited to any material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law. Content that consists of or
contains software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam" is prohibited. You may not use a
false email or postal address, impersonate any person or entity, or otherwise
mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that
constitutes part of the content expressed or made available by third parties are
those of the respective authors or distributors and not of
PrincessCrafts.comn or its affiliates, not any of their officers,
directors, employees, or agents. You acknowledge that PrincessCrafts.com
does not pre-screen all content, but that PrincessCrafts.com and its
designees shall have the right (but not the obligation) in their sole discretion
to refuse or move any content that is made available via the Communication
Services. Without limiting the foregoing, PrincessCrafts.com and its
designees shall have the right to remove any content that violates this
Agreement or is otherwise objectionable. You specifically agree that
PrincessCrafts.com is not responsible for any content sent using and/or
included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of PrincessCrafts.com (or
material that other suppliers have licensed to PrincessCrafts.com for
their use) which is protected by copyright and other laws respecting proprietary
rights. PrincessCrafts.com retains all rights in the material and media,
including (without limitation) all copyright and other proprietary rights
worldwide in all media. You may not use PrincessCrafts.com except as
expressly permitted under this Agreement and under U.S. copyright laws. Any
routine and/or systematic redistribution of any portion of the products licensed
herein is expressly prohibited.
End users who are duly authorized may Access PrincessCrafts.com for
individual use, i.e., may view the information on screen; may download portions
of the information to a computer disk for personal convenience and later
reference; and may print paper copies for personal use only.
PrincessCrafts.com does authorize the use of our content to create fully
completed (including photos and journaling) scrapbooks for others as a commercial
business, but only with prior written permission from Wes and Kathy Waddell
(owners). You, the user, are not permitted to distribute, sell, reproduce or
otherwise make available in any form content from our site that can be easily
reused by others to create derivative content. In other words, all commercial
use of our content must be made so that when provided to the new end user, it
cannot be disassembled and used again as a blank template. Your images and
journaling must be part of the printed copy or must be saved as single digital
image with no layers. When in doubt, contact Wes or Kathy Waddell for
clarification.
The rights granted here are an expansion of the rights granted under the
Copyright Act and do not include any rights to reproduce in its entirety any
portion of the information or materials contained therein. No part of the
information may be duplicated in any medium or format beyond the express terms
of this Agreement without prior written authorization from Wes and Kathy Waddell
and PrincessCrafts.com. Any use not authorized by the Agreement is
prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained
therein) is highly proprietary in nature and that unauthorized copying, transfer
or use may cause PrincessCrafts.com and/or PrincessCrafts.com's
suppliers irreparable injury that cannot be adequately compensated for by means
of monetary damages. You agree that any breach of this provision by you, or any
subscriber or end-user, may be enforced by PrincessCrafts.com, and/or any
of PrincessCrafts.com's suppliers, by means of equitable relief
(including, but not limited to, injunctive relief) in addition to any other
available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce
its rights against you, even though that supplier is not a party to the
Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell,
or otherwise access or use any material retrieved from or contained in or on
this Site in any manner whatsoever that may infringe any copyright or
proprietary interest of PrincessCrafts.com; distribute the information
contained in and/on this Site to other users not duly authorized to Access the
Site; distribute, rent, sublicense, lease, transfer or assign the information or
Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or
information contained in or on this Site or any software contained therein, or
alter, translate, modify, or adapt it to create derivative works. Unauthorized
reproduction, transfer, and/or use may be a violation of criminal as well as
civil law.
You are expressly prohibited from placing or installing any portion of the
information on certain electronic media, including, but not limited to, local or
wide area networks, timesharing services, multiple processing units, multiple
site arrangements, service or software rental bureaus, list servers, online
services, electronic bulletin boards or forums, World Wide Web sites or any
other server that is Internet-enabled, without written authorization by Wes and
Kathy Waddell and PrincessCrafts.com.
If you breach any provision of this Agreement, PrincessCrafts (Parent Company of
PrincessCrafts.com) may immediately terminate this Agreement and all
licenses granted hereunder without prior notice and in addition to any other
available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet,
NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable
of copying large portions of content from the Site. PrincessCrafts.com
can detect the use of these systems through live logfile analysis and will ban
any future use by offenders.
b. Use any device, software or routine or the like to interfere or attempt to
interfere with any Site functionality;
c. Take any action that imposes an unreasonable or disproportionately large load
on the Site infrastructure;
d. Use any email addresses appearing on the Site for purposes not relating
specifically to the Site;
e. Access the Site by any means other than through the interface that is
provided by PrincessCrafts.com, or attempt or access any area of the Site
to which your access is not authorized; or
f. Reverse engineer, reverse assemble or otherwise attempt to discover any
source code relating the Site, except to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by
PrincessCrafts.com. While we use commercially reasonable efforts to
provide accurate information, PrincessCrafts.comgives no warranty as to
the accuracy of the database and other content on the Site. PrincessCrafts.com reserves the right to withdraw or delete information or
content from the Site at any time.
8. Links to Third Party Sites
PrincessCrafts.com does not endorse the content on any third-party Web
site, including Web sites of PrincessCrafts.com's
affiliates ("Third-Party Sites"). PrincessCrafts.com is not responsible
for the content of Third-Party Sites that you reach through links on the Site,
sites framed within the Site, or third-party advertisements on the Site, and we
do not make any representations regarding their content or accuracy. Your use of
Third-Party Sites is at your own risk and subject to the terms and conditions of
use for such sites. Any transaction that you conduct at a Third-Party site will
be between you and the party providing that Web site. This means that
PrincessCrafts.com is not your agent and is not a party to any transaction
at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to PrincessCrafts.com that: (a) you possess the
legal right and ability to enter into this Agreement; (b) all information
submitted by you to the Site is true and accurate; (c) you will be responsible
for all use of your username and password even if such use was conducted without
your authority or permission; (d) you are at least 18 years old; and (e) you
will not use the Site for any purpose that is unlawful or prohibited by this
Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE
BY PrincessCrafts.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH
ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND PrincessCrafts.com AND
ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, PrincessCrafts.com DOES NOT MAKE
ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY
PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT
IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d)
FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND
CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS;
OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET
ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL PrincessCrafts.com OR ANY OF ITS AFFILIATES BE LIABLE FOR
ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT
OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF
PrincessCrafts.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL PrincessCrafts.com OR ANY OF ITS AFFILIATES BE
LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR
AMOUNT ACTUALLY RECEIVED BY PrincessCrafts.com FROM YOU FOR ACCESS TO THE
SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR
CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees and
costs, if we become liable for or incur any damages in connection with your
breach of this Agreement. You may not settle any dispute without our prior
consent, which may only be given in a non-electronic writing signed by an
authorized representative of PrincessCrafts.com.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option,
be conducted electronically, including any that we are otherwise required to
provide in "writing". For example, we may send you notices via postings at the
Site or via email to any email address that you provide to us during
registration as a Site member. If you do not wish to deal with us
electronically, you should not use the Site or enter into this Agreement. If
applicable law now or later requires us to communicate with you
non-electronically, we reserve the right to charge a fee for doing so. Notice
will be deemed given 24 hours after the email is sent, unless (for email) we are
notified that the email address is invalid. Alternatively, we may give you
notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any
amendment from time to time) and retain it in your records. You also agree to
make a copy of any other information that we deliver to you in writing.
16. Termination
PrincessCrafts.com may terminate your subscription and/or access, or
suspend access to all or part of the Site, without notice, for any conduct that
PrincessCrafts.com, in its sole discretion, believes is in violation of
this Agreement, any applicable law, or any act which is harmful to the interests
of another user, service provider, or PrincessCrafts.com.
PrincessCrafts.com may also elect not to renew your subscription and
access by providing a notice of nonrenewal prior to the end of your current
subscription term. Applicable sections of this agreement will survive any
termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement without the consent of
an authorized representative of
PrincessCrafts.com in a non-electronic record, and any assignment without
PrincessCrafts.com's consent will be voidable at
PrincessCrafts.com's option. This Agreement will inure to the benefit of
and bind the parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Colorado, without regard
to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate
PrincessCrafts.com and/or its affiliates' intellectual property rights,
PrincessCrafts.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of Colorado, and
you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following location:
Colorado Springs, Colorado. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: , under the rules of the
American Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
19. Amendments
PrincessCrafts.com may change the provisions of this Agreement. When
PrincessCrafts.com changes the terms of this Agreement,
PrincessCrafts.com will notify you by email or online postings on this
Site. The changes will also appear in this document, which you can access any
time. You already agreed to be bound by the changes when you first subscribed to
the site. If you do not agree to be bound by the changes, you should not use the
Site again and you should cancel your subscription to the Site. Even if you have
not clicked on the "I Agree" button or checked the I agree box when subscribing,
if you use the Site after you have been notified of a change to this Agreement,
you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire
agreement between the parties for its subject matter and supersedes all prior
and contemporaneous communications between the parties. No term of this
Agreement may be waived by PrincessCrafts.com except in a signed,
non-electronic writing signed by an authorized representative of
PrincessCrafts.com.
21. General
If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties agree that its remaining provisions will remain in
full force and effect, provided that the allocation of risks described herein is
given effect to the fullest extent possible. Our failure to act with respect to
a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. You agree that no joint venture, partnership,
employment or agency relationship exists between you and
PrincessCrafts.com or its affiliates as a result of this Agreement or your
use of the Site.