Welcome to Craftwell’s website(s) at craftwellusa.com and/or ecraftcentral.com (each, and collectively the “Site(s)”). While we welcome you to use the Sites, your use is contingent upon your agreement to strictly abide by these Terms and Conditions of Use (“Use Agreement”) which governs your use of the Sites. Please read this Use Agreement carefully and use the Sites only if you agree to all of the terms and conditions herein. YOU MUST AGREE TO THESE TERMS AS IS. NO CHANGES, ADDITIONS OR DELETIONS ARE ALLOWED. Craftwell reserves the right to update or modify this Use Agreement at any time without prior notice so please check frequently for updates. Any modification or updates to this Use Agreement will be posted here. IF YOU DO NOT AGREE TO THIS USE AGREEMENT INCLUDING ANY AND ALL UPDATES OR MODIFICATIONS, IMMEDIATELY STOP USE OF THE SITE(S) AS YOUR USE OR CONTINUED USE, WHATEVER THE CASE MAY BE, WILL INDICATE YOUR ACCEPTANCE OF THIS USE AGREEMENT.
This Use Agreement will continue to be in effect unless and until terminated by you or Craftwell as provided herein. Craftwell may terminate this Use Agreement at any time with or without notice to you and may deny you access to the Sites and any of the content on the Sites, if in its sole discretion you are in breach of any term of condition of this Use Agreement. You may terminate this Use Agreement at any time provided that you immediately stop any and all use of the Sites. Upon termination of this Use Agreement for any reason, you must promptly destroy any and all content you downloaded or otherwise obtained from the Sites, and all copies thereof.
Except as otherwise expressly provided: (1) all content on the Sites is the sole and exclusive property of Craftwell or its licensors, and is protected by patent, copyright, trademark and other applicable laws; (2) you are not being granted any license or other rights in the Sites or any content on the Sites; (3) you may access the Sites and download and/or access the content on the Sites for your personal non-commercial use only and no right, title or interest in any downloaded content is transferred to you as a result of any such downloading; and (4) you may not reproduce, modify, copy, publish, disseminate, display, transmit, creative derivative works from, sell or otherwise commercially exploit the Sites or any of the content on the Sites.
Craftwell welcomes any comments, feedback or other submissions from you through the Sites. You represent and warrant that your submissions will not violate any third party rights, including but not limited to patent, copyright, trademark and privacy rights, and that your submissions will not contain defamatory, libelous, obscene, unlawful or otherwise inappropriate content. You are and shall remain solely liable for your submissions. You acknowledge and agree that your submissions will become the sole and exclusive property of Craftwell and that you hereby assign to Craftwell all worldwide rights, title and interest in your submissions. Craftwell may disclose, reproduce, distribute and/or use your submissions for any purpose and in any manner whatsoever, and without any compensation or notice to you.
Craftwell does not represent that any colors displayed on the Sites accurately portray the colors of Craftwell’s products.
The information on the instruction/project pages is provided by Craftwell as a courtesy to you. Craftwell makes no representations or warranties with respect such projects and disclaims all liability arising from or otherwise related to your undertaking of any such projects, including but not limited to any injury you or anyone else may suffer. You acknowledge and agree that you undertake such projects solely at your own risk.
References on the Sites to any third party, or third party products, services or hyperlinks to a third party website, do not in any way constitute or imply Craftwell’s endorsement of the third party or its products, services or website. Craftwell waives any and all responsibility for the third party, its products, services and website. You acknowledge and agree that if you link to any such third party website, you do so at your own risk.
You are strictly prohibited from violating or attempting to violate the security of the Sites and taking any action to disrupt or interfere with Craftwell’s operation of the Sites. Craftwell will investigate and prosecute such activities to the fullest extent permitted by law.
The Sites are not intended for use by children under 13 years old. If you are under 13 years old, please consult with your parent or guardian before using the Site(s).
You agree to defend, indemnify and hold Craftwell and its officers, directors, employees, agents, affiliates, licensors and suppliers, harmless from and against any and all claims, losses, damages, costs and expenses, including but no limited to attorneys’ fees, arising from or otherwise related to your use of the Sites.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SITES AND ALL OF THE SERVICES, PRODUCTS AND OTHER CONTENT ON THE SITES, ARE PROVIDED “AS IS”. CRAFTWELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE SITES OR ANY OF THE SERVICES, PRODUCTS AND OTHER CONTENT ON THE SITES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRAFTWELL DOES NOT WARRANT THAT THE SITE(S) WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THE SITE(S) THAT YOUR USE OF THE SITE(S) IS AT YOUR OWN RISK. SOME STATES MAY NOT PERMIT THE WAIVER OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER CRAFTWELL NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS, WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SECONDARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF CAUSE OR LEGAL THEORY, RESULTING FROM OR OTHERWISE RELATED TO YOUR USE, OR INABILITY TO USE, THE SITE(S), EVEN IF ADVISED OF THE POSSIBILIY OF SUCH DAMAGES. IN ANY EVENT OF LIABILITY, IN NO EVENT WILL CRAFTWELL’S OR ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, AFFILIATES’, LICENSORS’ OR SUPPLIERS’ LIABILTY, REGARDLESS OF CAUSE OR LEGAL THEORY, EXCEED ANY AMOUNT YOU PAID TO CRAFTWELL FOR YOUR USE OF THE SITE(S) DURING THE ONE YEAR PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. SOME STATES MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Governing Law; Users Outside of the United States; General
The laws of the State of New York will exclusively govern the validity, interpretation and enforcement of this Use Agreement and any claim between you and Craftwell, without regard to conflicts of law principles. Venue for any dispute arising under this Use Agreement and any claim between you and Craftwell will exclusively be a state or federal court of competent jurisdiction located in Queens, New York. For users residing outside of the United States: The Sites are maintained and operated from the United States. Craftwell does not represent or warrant that the Sites comply with the laws of any other country. You are responsible for compliance with all applicable laws in your country of residence in connection with your use of the Site(s). This Use Agreement is the complete agreement between you and Craftwell regarding the subject matter herein and supersedes all prior agreements and representations. If any term or condition herein is determined to be unenforceable for any reason, such term or condition shall be revised to the limited extent necessary so it is enforceable and will not affect the validity or enforceability of the other terms or conditions herein. Craftwell’s failure to strictly enforce any of the terms or conditions herein shall not be considered a waiver of any of its rights hereunder.
Last updated November 3, 2010.