Date of Last Revision – July 16, 2018
1. Terms and Modifications
EACH TIME YOU ACCESS OR USE THE CRAFTSY SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT ON THE THEN-APPLICABLE TERMS. We may modify these Terms on a prospective basis at any time in our sole discretion and post the changes and such changes will be effective thirty (30) days following either our notification to you or our posting of the changes on the Craftsy Services. Your continued access or use of the Craftsy Services after we post changes to these Terms, will be deemed as irrevocable acceptance of these Terms as modified. You agree to be notified of changes to these Terms via postings of updates on the Craftsy Services (or in any other reasonable manner of notice which we elect).
2. Eligibility, Registration and Accounts
You may be required to provide registration information in order to access the Craftsy Services. You must provide correct, current and complete information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide, including contact information for a parent or guardian.
The Craftsy Services and any user names or passwords you use to access the Craftsy Services (“Passwords”) are for individual use only. Your account is personal to you and you may not transfer it to nor share it with any other party. You are solely responsible for maintaining the security and confidentiality of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords or other security breaches. Although Craftsy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Craftsy or others due to such unauthorized use.
We have the right to suspend your account or change your user name for any reason, including due to a violation of these Terms.
3. The Craftsy Services; Consent to Electronic Communications
The Craftsy Services are intended to serve as an online learning environment through which registered users may subscribe to access courses of video lectures ("Courses") and associated study materials and background materials presented by Craftsy instructors ("Instructors"). Users will also interact with Instructors and Craftsy teaching assistants ("Teaching Assistants") through the Craftsy Services. Craftsy offers for sale through the Craftsy Services certain products pertinent to the Courses (the terms applying to such pages are described in Section 7 (Sale of Products by Craftsy) below). Users may also use pages provided on the Craftsy Services as a venue to offer and sell certain items to other users (the terms applying to such pages, including the "Craftsy Patterns" page and any similar marketplace pages created by Craftsy in the future, are described in Section 8 (Craftsy Marketplace) below).
Users may also participate in sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
The Craftsy Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the Craftsy Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of the Craftsy Services. We have the right to suspend or terminate access to the Craftsy Services and your accounts on the Craftsy Services, including due to a violation of these Terms.
The Craftsy Services may include sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
By using the Craftsy Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration, or posting communications on the Craftsy Services and may include notices about your account (e.g., payment authorizations, changes in password or payment method, confirmation of e-mails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
Craftsy Services may include content and other materials supplied by Craftsy and third parties (“Content”). As between us and you, we own all rights in the Craftsy Services and Content (subject to Section 7 Sale of Goods by Craftsy). Nothing grants you any rights in the Craftsy Services or Content except as set forth in these Terms, including applicable Additional Terms.
The availability of Content on the Craftsy Services may change from time to time and from place to place. You consent to us and our third party providers determining your geographic location for purposes of providing the Craftsy Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.
Some aspects of the display of Content (e.g., high definition for TV shows or movies, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.
Streaming Craftsy Services may be subject to a maximum number of simultaneous streams (as may be measured across all Content available on or through the Craftsy Services) at any time, regardless of the number of devices that we permit you to use with the applicable Craftsy Services. We may change the maximum number of simultaneous streams of Content at any time in our sole discretion. Some Content may be available for temporary download and offline viewing on certain supported devices (“Offline Content”). Limitations may apply to the Offline Content including how long the Offline Content will remain accessible and the maximum number of devices per account that can contain Offline Content. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, mobile device or any other device from which you access the Craftsy Services, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
5. Permitted Uses
We grant you a limited, non-exclusive, non-transferable license to access and use the Craftsy Services solely for personal and non-commercial uses; provided that, if required, you have paid any applicable fees to enroll in any Course or to use the Craftsy Services.
6. Paid Subscriptions and Credits
We provide some of the Craftsy Services to you free of charge and other Craftsy Services require payment. We may charge a fee for any portion of the Craftsy Services. You must be at least 18 years old or have obtained permission from your parent or guardian in order to make any purchases of, on or through the Craftsy Services. We will provide you with advance notice of all fees we charge and any changes to our fees. If you continue to use the Craftsy Services after a fee has been imposed or increased, you agree to pay the fee or increase.
Some Craftsy Services require paid subscriptions to access. If you sign up for a subscription, you agree that your subscription may be automatically renewed and, except as otherwise stated in applicable Subscription Agreement unless you cancel your subscription, you authorize us to charge your payment method for the next subscription period. If you terminate a subscription, you may be responsible for the full amount of the subscription payments for the subscription period in which your termination was effective.
When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. You must notify us of any changes to your payment information. We may use third party credit card updating services to obtain current expiration dates on credit cards.
If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the Craftsy Services.
a. Digital Items
Purchases of online classes, discount vouchers/flash deals, points and any other virtual items available on the Craftsy Services (collectively “Digital Items”) are non-refundable (except as otherwise stated herein), have no monetary or cash value (i.e., are not a cash account or equivalent), are not redeemable for cash, and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the specific Digital Item purchased. All Digital Items are our Content and you have no proprietary or monetary interest in Digital Items you have purchased.. We may immediately suspend or terminate your rights to use Digital Items in our sole discretion without notice or liability. We may establish redemption or purchasing limits on Digital Items such as expiration dates or maximum amounts. We may also modify Digital Items in our sole discretion at any time following purchase, and such modifications may make the Digital Items more or less valuable or functional. You agree that you are not entitled to a refund as a result of any modification, and we agree that you are not required to pay us any additional amounts.
You may not transfer, sell, purchase, barter, or trade Digital Items or attempt or offer to do so. Digital Items are not exchangeable for any other product or service from Craftsy, except that any online class may be exchanged for any other online class. Any attempted transfer will be null and void. If we suspend or terminate your Digital Items due to a violation of these terms, you forfeit the right to use those Digital Items except as may be set forth in Additional Terms (such as refund policies that may apply to a subscription service). Except as may be set forth in Additional Terms or as required by applicable law, we are not responsible for repairing or replacing any modified, suspended or terminated Digital Items or for providing any credit, refund or other sum related to Digital Items.
b. Payment Processors
c. Promotional Codes
Promotional codes for certain Craftsy Services or Content may be available, including as part of promotions by third parties. You may redeem promotional codes according to the rules for that promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply.
d. Trial Periods
We may provide a limited free trial period (“Trial Period”) to certain users regarding certain Craftsy Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to Additional Terms including but not limited to the Subscription Agreement.
If we provide you with a Trial Period, then you must provide valid payment method information in order to use the applicable Craftsy Services during the Trial Period. We will not charge you for those Craftsy Services subject to a Trial Period. If you do not cancel the applicable Craftsy Services by the end of your Trial Period, you authorize us to automatically charge your payment method for Craftsy Services subsequent to the Trial Period (e.g., for each of the following payment periods for a subscription Craftsy Service until terminated). WE MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYMENTS HAVE BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE END OF YOUR TRIAL PERIOD. You may only have one Trial Period for a Craftsy Service before you must begin paying for that Craftsy Service. If you exceed this limit, we may charge your chosen payment method for any subsequent use of the Craftsy Service or suspend your use of the Craftsy Services, in our sole discretion.
e. Disclosure Regarding Discount Vouchers – Craftsy Groupons and Other Discount Vouchers Will Be Redeemed for Classes After the Expiration of the Promotional Period
Craftsy periodically sold discount vouchers or flash deals through merchants such as Groupon and LivingSocial. These vouchers typically provide that they are redeemable for online classes during a “promotional period” (for example, 180 days after purchase). After the expiration of the promotional period, the terms may provide that the vouchers are redeemable towards the purchase of a class, but only up to the amount of the purchase price paid for the voucher. In some cases, the vouchers may also be redeemable only for classes up to a certain value during the promotional period. Notwithstanding any such terms and conditions on the vouchers themselves, Craftsy has agreed to redeem these vouchers for classes even after the expiration of the promotional period, regardless of the cost of the class or the purchase price paid for the voucher.
7. Sale of Products by Craftsy
8. Craftsy Marketplace
9. Wireless and Location-Based Features; Social Media Plug-ins
a. Wireless Features.
The Craftsy Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features, receive messages from the Craftsy Services, upload content to the Craftsy Services or download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties.
If you register for any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features and (ii) you will update your account on the Craftsy Services to notify us of any changes to your wireless contact information (including phone number).
b. Location-Based Features
Some Mobile Apps or features allow you to disable location-based features or manage preferences related to them. You can also terminate device location tracking by us through Mobile Apps by uninstalling the applicable Mobile Apps. The location-based services offered in connection with our Mobile Apps or features are for individual use only and should not be used or relied on (i) as an emergency locator system, (ii) while operating a vehicle, (iii) in connection with any hazardous environments requiring fail-safe performance or (iv) in any other situation in which the failure or inaccuracy of the location-based services could lead to death, personal injury or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
c. Social Media Plug-Ins.
Some Craftsy Services include integrated plug-ins of social networks such as Facebook and Twitter. These plug-ins are clearly marked (e.g., with a Facebook button). If you click on one of these buttons or links, your browser will connect directly to the servers of the relevant social network. If you are registered to the relevant social network and logged into your account, that social network receives the information that the web page was viewed by you. If you interact with a social network plug-in (e.g., you use the Facebook “Like” feature) or add a comment on the applicable Craftsy Service, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit the Craftsy Services, it is possible that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).
10. Prohibited Actions
You may not make any uses of the Craftsy Services except as specifically authorized by Craftsy in writing and you may not use the Craftsy Services in violation of any applicable laws or regulations. Except as expressly authorized by Craftsy in writing, you may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the Craftsy Services, any part thereof, or any materials derived therefrom, except as set forth in these Terms, applicable Additional Terms, or as otherwise agreed in writing between us and you. You may not use the Craftsy Service for any business or commercial purposes or otherwise build a business based on any portion of the Craftsy Services. You may not disable, remove or otherwise circumvent through any means: (i) proprietary rights notices or indications of source (e.g., © or tm) in the Craftsy Services; (ii) any digital rights management, content protection or access control measure associated with the Craftsy Services; or (iii) any advertisement on the Craftsy Services. You may not use any software or services in connection with the Craftsy Services that are intended or function to block or obstruct any advertisements of any kind. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality. In no event shall any Content or User Content be used for any website, application or publication of any sort which is competitive with the Craftsy Services. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Craftsy and/or the Craftsy Services.
You may not insert any code into or manipulate the Craftsy Services in any way except as explicitly authorized by us in writing. You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the Craftsy Services or any part thereof. You may not impose an unreasonable burden or load on the Craftsy Services or their infrastructure.
You are responsible for your use of the Craftsy Services and all materials you upload, post, transmit or otherwise distribute or facilitate the distribution on or through Craftsy Services (“Upload”). The following prohibitions apply to your conduct and communications on or through the Craftsy Services:
You may not attempt any of the actions set forth in this “Prohibited Actions” Section or authorize, facilitate or induce others to do so.
We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
11. User Content
a. Uploads and other Distributions
The Craftsy Services may include forums and other opportunities for you and other users (including Instructors and Teaching Assistants) to Upload (as defined above) (i) content and materials including but not limited to your participation in Courses, sweepstakes, contests and your interaction with Instructors, Teaching Assistants and other users (“User Submissions”) or (ii) content and materials such as video lectures, associated study materials and background materials presented by Instructors and Teaching Assistants, or content created in connection with the participation by Instructors and Teaching Assistants in Courses (“Instructor Submissions”)(upon Upload, User Submissions together with Instructor Submissions, “User Content”). When you Upload any User Submissions, you hereby grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable, non-exclusive license to use, reproduce, adapt, publicly display, publicly perform, synchronize and otherwise exploit that User Submission including any Personality Elements (as defined below) in your User Submission, in any manner and any media formats and channels now known or later developed or discovered, including in connection with advertising, promotions or Third Party Services (as defined below), without notice or payment to you. For instance, we and our partners may display advertising, promotions and other content in connection with your User Submission and you will not be entitled to any associated revenue. You agree that we and our licensees may give you credit for your User Submission, but are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in your User Submission against us, our licensees, our representatives or other users. When you Upload any User Submission you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Submission as used or modified by us (collectively, “Personal Elements”).
When you Upload any User Submission, you represent and warrant that you own that User Submission or that have sufficient intellectual property and proprietary rights in order to make the grants in these Terms. You agree to pay any monies owed to any party based on our and our licensees use of your User Submission.
b. Public Nature of Craftsy Services; Deletions
You acknowledge that you have no expectation of privacy or confidentiality with respect to any User Submission. While we may offer you the ability to Upload User Submissions anonymously, we may still store your account information.
If you Upload any User Submission, you may not be able to remove it from the Craftsy Services. Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
We also reserve the right to limit the storage capacity of your User Submission. You assume full responsibility for maintaining backup copies of your User Submission and we assume no responsibility for any loss of your User Submission, for instance, due to its removal by us.
c. No Responsibility for User Content; User Disputes
We are not responsible or liable for any User Content. Each user is solely responsible for the User Content that he or she Uploads. You are responsible for any claims, losses or damages relating to all User Content that you Upload.
We have no obligation to investigate, monitor or correct any User Content (e.g., for accuracy or completeness) and we shall not be responsible for any decisions made based on User Content. You understand that when using the Craftsy Services, you will be exposed to User Content from a variety of sources, and that Craftsy is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Content.
User Content may not reflect our views. We do not endorse any User Content that you or other users Upload and we may remove or refuse to post any User Content that, in our sole discretion, is objectionable or violates these Terms. You acknowledge that you may encounter User Content on or through the Craftsy Services that you find objectionable, offensive or otherwise inappropriate and you shall have no right against us based on User Content.
You are solely responsible for any interaction with other users of the Craftsy Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Craftsy Services.
d. Uploads Do Not Grant You Rights
Your User Submission will not be acknowledged or returned. You Upload any User Submission voluntarily, not in confidence, and no confidential or fiduciary relationship exists between us or any other party and you based on your Uploads. You acknowledge that you will not be paid for Uploading your User Submission in any way.
e. Idea Submissions and Feedback
We do not accept unsolicited submissions for any media, products or services. Please do not make unsolicited submissions to us through Craftsy Services, including (1) Uploads of your User Submission, (2) submissions through any third party social network, website or other platform or (3) submissions by e-mail, text messages or other means (collectively, “Submissions”). We are not responsible for any similarity of Content or programming in any media to your Submissions. If you make any Submission, or if you provide any comments, information, ideas, concepts, reviews or techniques or other communication you may send to us (“Feedback”), including via responses to questionnaires and other methods, Submissions and Feedback shall be deemed User Submission and will be subject to the grants by you applicable to User Submission (but not any rights with respect to User Submission) in these Terms. Our receipt of your Submissions or Feedback is not an admission by us of their novelty, priority or originality and does not limit our right to contest intellectual property rights related to your Submissions or Feedback.
f. Designation of Agent
You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate in order to confirm the rights granted by you to us in this Agreement.
You are responsible for any User Submission you Upload and for any consequences, including use of your User Submission by others. You acknowledge that your User Submission may be syndicated, broadcasted, published or otherwise distributed by us or our partners. You also agree that the Craftsy Services may include a social network or integrations with other social networks and that your activities (e.g., video viewing, interactions with other users or advertisers) may be shared with others both on and off the Craftsy Services.
13. Third Party Services
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet and wireless connectivity, mobile service, and other services needed for your access to and use off the Craftsy Services, and you will be solely responsible for all charges related to them. You are also responsible for accepting and complying with all terms of the third parties who provide you with such equipment and services, as well as any other applicable third party terms of agreement, when using the Craftsy Services. You acknowledge and agree that these third parties may prohibit or restrict certain Craftsy Service features (and certain features may be incompatible with your carrier or device), impose additional fees, and that standard text messaging rates or other carrier charges may apply to your use of the Craftsy Services, including, for example, when sending SMS messages or using VoIP functionality, if these functions are available within the Craftsy Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.
For your convenience, the Craftsy Services may include or provide links to websites, widgets, software or other utilities of other persons or entities (“Third-Party Services”) that may interact with the Craftsy Services. Third-Party Services may import data related to your account and activity and otherwise gather data from you. Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. THE INCLUSION ON A CRAFTSY SERVICE OF A LINK TO OR OTHER INTEGRATION WITH A THIRD-PARTY SERVICE DOES NOT IMPLY AN ENDORSEMENT BY US. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY SERVICES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE THIRD PARTY SERVICES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY SERVICES.
14. Merchants and Advertising
Your dealings with merchants found on or through the Craftsy Services, including any payments or contractual terms, are solely between you and that merchant. We are not responsible for any loss or damage resulting from such dealings or from the presence of merchants on the Craftsy Services. Additional terms may apply.
We take no responsibility for third party advertisements served on or through the Craftsy Services or for any of the goods or services provided by our advertisers.
15. Cookies and Targeted Advertising
16. Children’s Online Privacy Protection Act Notification
The Craftsy Services are not designed or intended for use by children under the age of 13.
17. Devices and Charges
We do not take responsibility for the performance of devices, including the ongoing compatibility of devices with Craftsy Services. You are responsible for all devices and other equipment, software and services necessary for you to access and use the Craftsy Services. By using Craftsy Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to your device.
You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use the Craftsy Services. You are responsible for any charges incurred in obtaining access to the Craftsy Services. Please check with your ISP for information on possible data usage charges.
18. Testing and Monitoring; Investigations
We may, but are under no obligation to, continually test various aspects of the Craftsy Services. By using the Craftsy Services, you agree that we may include you or exclude you from these tests without notice.
We reserve the right to investigate suspected violations of these Terms. We may seek to gather information from the user who is suspected of violating these Terms, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting or e-mail, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. Nothing contained in these Terms limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Craftsy Services or information provided to or gathered by us in connection with such use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL CRAFTSY PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY CRAFTSY PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER AN CRAFTSY PARTY OR LAW ENFORCEMENT AUTHORITIES.
We may, in our sole discretion, terminate these Terms, your Passwords, account (or any part thereof), subscription (if applicable) or your access to or use of the Craftsy Services, or remove and discard any User Content, with prior notice, without liability, for any reason or no reason. You may not attempt to access or use (i) any features of the Craftsy Services from which your access has been previously suspended or (ii) any of the Craftsy Services following termination of these Terms.
You may terminate your account for any or no reason, subject to all applicable Additional Terms.
Termination, suspension or cancellation of the Terms or your access to the Craftsy Services shall not affect any right or relief to which we may be entitled, at law or in equity. Upon termination, suspension or cancellation, all rights granted to you will automatically terminate and immediately revert to us and our licensors and all rights granted by you to us shall survive in perpetuity. After your account or access to the Craftsy Services is terminated by us or by you, these Terms shall remain in full force and effect with respect to your past and future use of the Craftsy Services.
20. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY
We make no warranties or representations as to Craftsy Services (which, for purposes of this Section 20 only, shall include the Third Party Services) with respect to their accuracy, timeliness, reliability, completeness or otherwise. We cannot and do not guarantee any outcomes from your use of the Craftsy Services and disclaim any liability in the event that any injuries or damages to property result from your attempt to use the skills learned or activities presented through the Craftsy Services.
WE PROVIDE THE CRAFTSY SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INSTRUCTORS, TEACHING ASSISTANTS AND LICENSORS (COLLECTIVELY, THE “CRAFTSY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPLE, AMAZON.COM, INC., GOOGLE, INC., MICROSOFT CORPORATION, SAMSUNG ELECTRONICS AMERICA, INC., OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU ACCESS AND/OR DOWNLOAD THE CRAFTSY SERVICES, THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE NBCUUNIVERSAL SERVICES, OR ANY CONTENT OR FUNCTIONALITY IN THE CRAFTSY SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE CRAFTSY SERVICES.NONE OF THE CRAFTSY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE CRAFTSY SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CRAFTSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE CRAFTSY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE CRAFTSY SERVICES. WITHOUT LIMITING THE FOREGOING, THE CRAFTSY PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMSOR (2) CONTENT POSTED TO THE CRAFTSY SERVICES BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE CRAFTSY PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE CRAFTSY SERVICES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO CRAFTSY IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE CRAFTSY PARTIES OR YOUR USE OF THE CRAFTSY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE CRAFTSY SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE CRAFTSY PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITTH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You agree to defend, indemnify and hold harmless the Craftsy Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (a) any breach of these Terms and/or (b) from your User Submission, and/or content or materials Uploaded by any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the Craftsy Services or (d) any claim that your User Submission, and/or content or materials Uploaded by any other subscriber or user of your account caused damage to a third party.
22. Infringement Policy
We respect the intellectual property of others, and we ask our users to do the same. The Craftsy Services, including the Content and other materials incorporated by us in the Craftsy Services (“Materials”) are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by us in the Craftsy Services are also protected as registered or unregistered copyrights, trademarks, trade names and/or service marks owned by us or others.
We, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserve the right, but without obligation, to terminate your license to use the Craftsy Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any User Content is defamatory or infringes your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
NBCUniversal Media, LLC
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: email@example.com
In addition, any written notice regarding any defamatory activity or infringing activity (whether of a copyright, patent, trademark or other proprietary right) must include the following information:
23. Links By You To the Craftsy Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Craftsy Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website, application or other service (“Your Service”) do not suggest any affiliation with or endorsement by us or cause any other confusion regarding your relationship to us or our affiliates or to the Craftsy Services, (c) the link must open in a new window and link to the full version of applicable Craftsy Services; and (d) the links and the content on Your Service do not portray us or our affiliates or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party.
24. Local Regulations
The Craftsy Services are controlled and offered by Craftsy from its facilities in the United States. We make no representation or warranty that the Content or Craftsy Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Craftsy Services from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
25. Export Control
The Craftsy Services are controlled and operated by us from our offices within the State of New York. You hereby represent and warrant that (A) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (B) you are not listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You may not access or use any Craftsy Services in violation of United States export control and economic sanctions requirements. Software in or from the Craftsy Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported in violation of applicable laws.
26. Binding Arbitration of All Disputes. No Class Relief.
This Section 26 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this Section 26 satisfies the “writing” requirement of the Federal Arbitration Act. If binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 27 shall apply to all relevant disputes between you and us.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Craftsy Services, (ii) any purchases or other transactions or relationships related to your use of the Craftsy Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction or transaction (collectively, “NBCUniversal Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Craftsy Services, or engaging in any other NBCUniversal Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Craftsy Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and confidential binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 26 shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but we shall in all events bear our own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and Section 27
(j) Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from NBCUniversal Transactions and Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding NBCUniversal Transactions or Relationships.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, and subject to Section 20, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
(l) Confidentiality of Arbitration. You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or court order.
27. Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 27 applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with Section 26.
(a) Section 27 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Craftsy Services, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Section 27 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 27 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 27(a). Your notice to us must be sent to:
NBCUniversal Media, LLC
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: firstname.lastname@example.org
For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Section 27 Dispute, though nothing will require either you or us to resolve the Section 27 Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.
(b) Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 27 Dispute.
(c) Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Section 27 Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.
(d) Injunctive Relief. The foregoing provisions of this Section 27 will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Craftsy Services, any Content, your User Content and/or our intellectual property rights (including such as we may claim may be in dispute), our operations, and/or our products or services.
28. Notice for California Users
Under California Civil Code Section 1789.3, California users of the Craftsy Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
29. Terms Applicable to Third Party Platform Providers
If you access or download the Craftsy Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third party app store or platform (each a “Third Party Platform Provider”), such Third Party Platform Providers, shall be third-party beneficiaries to these Terms. However, these Third Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the Craftsy Services. NBCUniversal, not such Third Party Platform Providers, are solely responsible for the Craftsy Services. Your access to the Craftsy Services using the Third Party Platform Providers’ app stores or platforms are subject to the usage terms set forth in the applicable Third Party Platform Provider’s terms of service.
In the case of any NBCUniversal applications accessed or downloaded via the Apple app store or platform, if such application fails to conform to any applicable warranty in these Terms, then you may notify Apple and Apple will refund to you the purchase price (if any) of the application. NBCUniversal, not Apple, is responsible for addressing any claims you or a third party may have relating to such application, or your possession and/or use of such application, including, but not limited to: (a) product liability claims; (b) any claims that such application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that such application, or your possession and use of such application, infringes that third party’s intellectual property rights, NBCUniversal, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
In the case of any NBCUniversal applications accessed or downloaded via the Samsung app store or platform, if you wish to assert a claim against Samsung in connection with a NBCUniversal application, such claim must be brought by you as an individual and not as a member of a class.
(a) Applicable law. These Terms, any Additional Terms and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. The Convention on Contracts for the International Sale of Goods does not apply to your access or use of the Craftsy Services or these Terms.
(b) Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
(c) No Waiver. No failure or delay by us in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(e) Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Craftsy Services, or these Terms, or other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(f) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
(h) Assignment. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any such assignment shall be void and invalid at the outset.
(i) Survival. Sections 1, 4, 6 (excluding subsections (c) and (d)), 11-15, 17-21, 24-27, 29 and 30 of these Terms and any other terms that by their nature survive these Terms shall survive any termination of these Terms.
**Some of the Content on the Bluprint™ Service may not be appropriate for children. Individuals who have not reached the age of majority in the jurisdiction where they reside are not permitted to subscribe to the service. You are responsible for making sure that the Bluprint™ Service is not accessed via your Account by persons for whom it may not be appropriate.
1. Bluprint™: Billing; Automatic Renewal and Cancellation
Payment and Fees. You will be billed upfront for the cost of the full Subscription Period, in addition to any applicable taxes, transaction fees and other charges and fees incurred in order to access the Bluprint™ Service. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") for payment. You may edit your Payment Method information in your Account page. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Billing Information. For purposes of your use of the Bluprint™ Service, including identification and billing, you agree to provide the trusted third parties (listed on the Bluprint™ Service at the time of payment) that we have retained to perform billing and subscription-related functions with true, accurate and complete information as required by the subscription or sign up process to the Bluprint™ Service ("Subscription Data"), including your legal name, address, telephone number, e-mail address and applicable billing information (e.g., credit card number and expiration date), for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Subscription Agreement, if you provide material information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Bluprint™ Service. You must check your Account page to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data, including your billing information.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts.
Price Increases. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice as contemplated in this Subscription Agreement and communicated to you through a posting on the Bluprint™ Service or such other means as we may deem appropriate from time to time (including e-mail or conventional mail). Such price increases will be applied on a prospective basis and you will be notified about the increase. You have the right to terminate this Subscription Agreement within 30 days of such notice. After expiry of this notice period, the changes will become effective.
Automatic Renewal. By starting your subscription and providing or designating a payment method, you authorize us to charge your payment method at the start of your billing period and, where applicable, at the start of each renewal period, unless you terminate or cancel your subscription in accordance with Section 4 before the relevant renewal period begins.
Each time you are charged for your renewal, the renewal charge will be the same as the prior period's charge, unless (a) you were eligible for a discounted rate but are no longer eligible for that discounted rate, in which case your renewal charge will be in an amount equal to the then-current full term regular price for the product you subscribed to; or (b) we notify you in accordance with this Subscription Agreement in advance at the time of sign up or prior to the beginning of the renewal period that your renewal price will be changing.
For annual [or six month] subscriptions, we will notify you before the end of your subscription period that your subscription is expiring and we will provide you with the terms and conditions that will apply. If you do not cancel your subscription before the expiration of your then current subscription period, your subscription will be automatically renewed at the renewal price for the renewal period you were notified of.
In the event we cannot charge your account, we reserve the right to terminate your access to the Bluprint™ Service.
2. Free Trials
Your subscription to the Bluprint™ Services may start with a free trial. Bluprint reserves the right, in its absolute discretion, to determine your free trial eligibility.
If you purchased a subscription with a free trial period, you authorize us to charge your credit card or other account when the free trial period ends, unless you cancel your subscription before the free trial period ends. To find end date of your free trial period or to cancel, visit your Account page on the Bluprint™ Service.
3. Account Restrictions
If we have reason to suspect, in our sole discretion, that your Account has previously been revoked, we reserve the right to terminate any new Account(s) you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
Protecting Your Account . You must notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security committed by you or occurring by use of your password or credit card information for which you are responsible, you will remain liable for any unauthorized use of your Subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, you must update your Subscription Data in your Account.
4. Cancellation; and Refunds
Cancellation. You may cancel your subscription to the Bluprint™ Services at any time. The cancellation will take effect the day after the last day of the current Subscription Period and you will continue to have access to your Subscription until that date. However, if you cancel your payment and/or terminate this Subscription Agreement after the expiration of a trial period, we will not refund any subscription fees already paid to us.
You can cancel your subscription by contacting customer service by going to My Profile > Account Settings > Manage Subscription or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact customer service to have the charges reversed.
Upon cancellation or termination of your subscription to the Bluprint™ Service, we may deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Bluprint™ Service (or part thereof) except as we may otherwise provide in writing from time to time.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation by you, however, you will continue to have access to your Bluprint subscription through the end of your current Subscription Period. At any time, and for any reason, we may provide a refund, discount, or other consideration ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
5. Availability of the Bluprint™ Service
The availability and use of the Bluprint™ Service may be limited based on age, geographic location or other criteria as we may establish from time to time and communicate to you.