Terms and Conditions
By visiting crinklelove.com, you are consenting to these Terms and Conditions.
Copyright © 2018 by Sarah Wilson. All rights reserved.
Updated: May 16, 2018.
The terms “we”, “us”, “our”, and “Crinklelove” refers to crinklelove.com, as operated by Sarah Wilson DBA as Crinklelove. The term “Site” refers to crinklelove.com and all associated websites connected with crinklelove.com. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site.
Crinklelove provides a website for sharing information about quilting and products and services related to quilting (the “Service”).
Use of crinklelove.com, including all materials presented here and all online services provided by crinklelove.com, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering services from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. If you do not agree to these terms, you should stop using the Site and Service immediately.
CHANGES TO TERMS
We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. You may or may not notice the updated terms. Your continued use of the Service after such modifications demonstrates your agreement to these amended Terms.
Any information presented on the site is for educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with products or services we currently offer or may offer in the future, including any liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any program, product or service that may be connected to a site user, including you.
We may offer reviews of certain products, services, or other businesses. If we received free product, we will disclose that detail but be aware that any opinions expressed are our own.
USE OF THE SITE + SERVICE
In order to use the Site, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to this Agreement, and (2) have the power to enter a binding contract with us in this Agreement and not be barred from doing so under any applicable laws. Please review our Privacy Notice, which also governs your personal use of our site.
All content included in or made available through the site, including: text, graphics, logos, button icons, images, videos, layout, workbooks, worksheets, audio clips, digital downloads, data compilations, web copy, quizzes, infographics, presentation, and software is the property of Crinklelove or its content suppliers and protected by United States and international copyright laws.
LICENSE AND ACCESS
If you are interested in using any of our content, please reach out by email to firstname.lastname@example.org. All rights reserved.
You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your username and password, or the username and password of another authorized user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text, graphics, source code or HTML code, information or other content on the Service except as expressly allowed by these Terms; (iv) remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (v) “deep link” to, “frame,” “mirror,” “in-line link” to, transfer to another person, or employ similar navigational technology to, the Service content; (vi) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (vii) violate a third party’s intellectual property, personality, publicity (including exploiting minors) or other proprietary rights when using the Service; (viii) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by us; (ix) post obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive or illegal material on the Service; (x) advertise or otherwise solicit funds, goods or services on or through the Service or provide any commercial hosting service with access to the Service; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (xi) engage in conduct that violates the laws of the United States or any foreign jurisdiction; or (xii) take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service
We try to draft our content as accurately as possible, however, the site may not be entirely accurate, current, or error-free. We may correct errors in pricing and descriptions.
RESERVATION OF RIGHTS
We reserve the right but do not have the obligation, to monitor the content and transactions on or through the Service. If we become aware of any content or transactions that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to the Service, without liability to you or any third party. We reserve the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE.
Crinklelove reserves the right to refuse service to any order, person, or entity without assigning a reason for doing so.
Crinklelove may at any time change or discontinue any aspect or feature of the Site or Service.
MATERIAL YOU MAY SUBMIT TO THE SITE.
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary rights without the express written permission of the owner of the copyright, trademark or other proprietary rights. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Crinklelove from any claim against Crinklelove resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Crinklelove reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS.
Crinklelove does not claim ownership of Material you may supply to Crinklelove, including any quilts, quilt designs, or quilting patterns. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Crinklelove to use and distribute the posted Material in connection with Crinklelove’s website and any related Crinklelove publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to Crinklelove, you agree to hold Crinklelove harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Crinklelove is not responsible for errors or damages that may result from shipping or transportation through common carriers. We try to use the most reasonable services and features available for our customers, but accidents, errors, and force majeure events sometimes happen. We are not liable for delays because of shipping issues. Deliver signature is not expected unless specifically mentioned in quilting services.
LIMITATION OF LIABILITY.
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Crinklelove is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Crinklelove has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Crinklelove’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Crinklelove, and if no purchase has been made by you Crinklelove’s cumulative liability to you shall not exceed $100.
You agree to indemnify, defend and hold harmless Crinklelove and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Crinklelove pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Crinklelove shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to info @ crinklelove.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of Missouri as applied to contracts that are executed and performed entirely in Missouri. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These terms and conditions bind and inure to the benefit of the parties’ successors and assigns. These terms and conditions are not assignable, delegable, or transferable by you, unless accepted by written consent by Crinklelove as operated by Sarah Wilson. Any transfer, assignment, delegation or sublicense by you is invalid.