1. Terms and Modifications
Where any direct conflict exists between these Terms and any Additional Terms, the Additional Terms will control.
We may modify these Terms on a prospective basis at any time in our sole discretion. We will notify you of any modification via the Services. Your continued access or use of the Services after we post changes to these Terms, will be deemed as your acceptance of these Terms as modified.
2. Eligibility, Registration and Accounts
b. Registration Information. You may be required to register an account on the Services (your “Account”). You must provide correct, current and complete registration 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 contacting the parent or guardian of any users under the age of 18.
c. Account Information. You agree not to disclose to any third party, and are responsible for maintaining the confidentiality of the user names or passwords you use to access the Services (“Passwords”) and are fully responsible for all activities that occur under your Passwords. Your account is personal to you and you may not transfer it to or share it with any other party. You agree to immediately notify us of any unauthorized use of your Passwords or other security breaches. We will not be liable for your losses caused by any unauthorized use of your account.
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 Services; Consent to Electronic Communications
a. Services. Users may 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 Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the 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 Services. We have the right to suspend or terminate access to the Services and your accounts on the Services, including due to a violation of these Terms.
b. Electronic Communications. By using the 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 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.
4. Our License to You
Subject to your compliance with these Terms and payment of any required fees (if applicable), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use. Our Services may include content and other materials supplied by TLCrafts and Design and third parties (“Content”). As between us and you, we own all rights in the Services and Content (subject to Section 7 Terms of Sale for Products by TLCrafts and Design). Nothing grants you any rights in the Services or Content except as set forth in these Terms, including applicable Additional Terms.
You may not copy, 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 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. Restrictions/Limitations on Our License to You
The Content may not be available in all locations or at all times. You consent to us and our third party providers determining your geographic location for purposes of providing the Services. In the event that our technology does not accurately identify your location, 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.
6. Paid Subscriptions and Credits
We provide some of the Services to you free of charge, and other Services require payment. We may charge a fee for any portion of the 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 Services after a fee has been imposed or increased, you agree to pay the fee or increase.
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 Services.
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 TLCrafts and Design. 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. Promotional Codes. Promotional codes for certain 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.
7. Damaged Goods; Refunds
a. Damaged Goods. TLCrafts and Design will replace goods that you have purchased from us which are incorrect, damaged or defective, at no cost to you. Please send an email to firstname.lastname@example.org to give us a description of the problem with the goods and our customer service team will provide you with a prepaid return label and shipping instructions. Once we receive the item and have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes and shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact our customer service team before returning the item to us, and we must be able to validate the damage/defect/error.
b. Refunds. If you are not satisfied with goods purchased from TLCrafts and Design, you may return them to TLCrafts and Design within thirty (30) days after delivery. Returns will receive a refund of the price of the item and any applicable taxes, issued in the original form of payment used to purchase the item. Items must be returned in new or like-new condition, and in their original packaging, and with all paperwork including your packing slip to ensure full credit. Shipping costs will not be refunded unless the item is being returned because it is incorrect, damaged or defective. TLCrafts and Design reserves the right to refuse any returns if they do not meet our return requirements. Please email email@example.com for shipping instructions.
THE RISK OF LOSS SHALL PASS TO YOU AS SOON AS YOUR ORDER IS DELIVERED TO THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS. TLCrafts and Design is not responsible for lost or stolen packages once your order has been delivered to the address you provided. It is your sole responsibility to provide a safe and correct delivery location that is accessible to common carriers. Refunds for lost or stolen packages will be at our sole discretion.
8. Wireless Features; Social Media Plug-ins
a. Wireless Features .The 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 Services, upload content to the 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 Services to notify us of any changes to your wireless contact information (including phone number).
9. Prohibited Actions
You may not make any uses of the Services except as specifically authorized by TLCrafts and Design in writing, and you may not use the Services in violation of any applicable laws or regulations. 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 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 Service for any business or commercial purposes or otherwise build a business based on any portion of the 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 Services; (ii) any digital rights management, content protection or access control measure associated with the Services; or (iii) any advertisement on the Services. You may not use any software or services in connection with the 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 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 TLCrafts and Design and/or the Services.
You may not insert any code into or manipulate the 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 Services or any part thereof. You may not impose an unreasonable burden or load on the Services or their infrastructure.
You are responsible for your use of the Services and all materials you upload, post, transmit or otherwise distribute or facilitate the distribution on or through Services (“Upload”). The following prohibitions apply to your conduct and communications on or through the Services:
· No Interference. You may not interfere with any other user’s ability to use or enjoy the Services.
· No Bullying. You may not threaten, abuse, harass or invade the privacy of any third party.
· No Blocking. You may not cover, remove, block or obscure any Content, advertisements or other portions of the Services.
· No Unlawful or Inappropriate Postings. You may not Upload any content or material that is nor may you engage in any behavior while using the Services that is (i) fraudulent, (ii) infringing on the rights of any third party, (iii) libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate (including images of a sexual nature) or (iv) otherwise unlawful.
· No Viruses or Malicious Code. You may not Upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the Services or any computer software, hardware or telecommunications equipment associated with the Services, or (ii) obtain unauthorized access to the Services or any data or other information of ours or of any third party.
· No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Services.
· No Cheating. You may not use any software or device that allows automated gameplay, expedited gameplay or other manipulation and you agree not to cheat or otherwise modify an Service or game experience to create an advantage for one user over another.
· No Advertising. Except as otherwise agreed between us and you in writing, you may not use the Services in any way (i) to advertise any commercial endeavor or otherwise engage in any commercial activity (e.g., offering products or services, conducting raffles or contests or displaying sponsorship banners) or (ii) that solicits funds, advertisers or sponsors, whether or not for profit.
· No SPAM. You may not Upload unsolicited bulk communications of any kind. For instance, you may not send “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or “spam” (i.e., unsolicited emailing for business or other purposes).
· No Collection of Personal Information From Other Users and No Commercial Use. You may not solicit or collect information about other users of the Services or use any such information (i) for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or (ii) for any other commercial purposes.
· No Impersonation or Misrepresentation. You may not impersonate any other person or entity. You may not manipulate headers or identifiers to disguise you or the origin of your User Submission (as defined below). You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the Services in a manner that suggests an association with our products, services or brands except as agreed by us in writing.
· No Criminal or Unlawful Conduct. You may not use any portion of the Services for any unlawful purpose and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability.
· Offline Content. You may not use the Services in a manner so as to convert a substantial portion, in our discretion, of Content within the Services into Offline Content.
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.
10. User Content
a. Uploads and other Distributions. The Services may include forums and other opportunities for you and other users to Upload (as defined above) content and materials including but not limited to your participation in sweepstakes, contests and your interaction with other users (“User Submissions”). When you Upload any User Submissions, you acknowledge that such User Submissions are not confidential information, and 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 Your Likeness (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 and without requiring your further review or approval. 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 review or approve of such uses, nor will you 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, social media usernames, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Submission as used or modified by us (“Your Likeness”).
When you Upload any User Submission, you represent and warrant that you own that User Submission and have obtained any necessary permissions required in order to grant us the rights described in this section. You agree to pay any monies owed to any party based on our and our licensee’s use of your User Submission.
b. Public Nature of the 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 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 Submissions; User Disputes. We are not responsible or liable for any User Submission. Each user is solely responsible for the claims, losses or damages relating to User Submission that he or she Uploads.
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 are solely responsible for any interaction with other users of the 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 Services.
d. Uploads Do Not Grant You Rights. Your User Submission will not be acknowledged or returned. You Upload any User Submission voluntarily 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 (collectively, “Ideas”). You understand and acknowledge that TLCrafts and Design employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Ideas, and we are not responsible for any similarity of Content or programming in any media to your Submissions.
11. No Responsibility for Merchants and Advertising
We take no responsibility for third party advertisements served on or through the Services or for any of the goods or services provided by our advertisers.
12. No Advice; No Results Guaranteed
The Services may offer, health, fitness, nutritional, and other instructional information. This information is provided for entertainment purposes only. The Services are not intended to provide medical advice and the information contained in any Content on the Services should not be construed as medical advice. You should not rely on nor does the Services replace professional medical advice, diagnosis or treatment or for any other professional advice of any kind (including without limitation legal or financial advice). We cannot guarantee any results or outcomes based on your use of the Services.
Do not ignore professional advice, or delay in seeking treatment because of anyone or any content on the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. TLCrafts and Design does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk.
13. Third Party Devices and Charges
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 of the Services, and you will be solely responsible for all charges related to them. By using the 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 Services. You are responsible for any charges incurred in obtaining access to the Services. Please check with your ISP for information on possible data usage charges.
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 Services. You acknowledge and agree that these third parties may prohibit or restrict certain 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 Services, including, for example, when sending SMS messages or using VoIP functionality, if these functions are available within the Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.
b. Third Party Services. For your convenience, the 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 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 THE 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, INCLUDING IN RELATION TO YOUR PERSONAL INFORMATION, WILL BE GOVERNED BY THE AGREEMENTS, TERMS, AND PRIVACY POLICIES RELATING TO THE USE OF THOSE THIRD PARTY SERVICES.
14. Testing and Monitoring; Investigations
We may, but are under no obligation to, continually test various aspects of the Services. By using the Services, you agree that we may include you or exclude you from these tests without notice.
We may, but 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 Services, you will be exposed to User Content from a variety of sources, and that TLCrafts and Design is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Content.
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 y Services or information provided to or gathered by us in
connection with such use. BY USING OR ACCESSING THE SERVICES, YOU WAIVE AND
HOLD HARMLESS ALL TLCRAFTS AND DESIGN PARTIES FROM ANY CLAIMS RESULTING FROM
ANY ACTION TAKEN BY ANY TLCRAFTS AND DESIGN PARTY DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER AN TLCRAFTS AND DESIGN PARTY OR LAW ENFORCEMENT AUTHORITIES.
15. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY
We make no warranties or representations as to Services (which, for purposes of this Section 15 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 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 Services.
WE PROVIDE THE 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 “ TLCRAFTS AND DESIGN 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 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 SERVICES, OR ANY CONTENT OR FUNCTIONALITY IN THE SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE \SERVICES.
NONE OF THE TLCRAFTS AND DESIGN PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY 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 SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF TLCRAFTS AND DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE TLCRAFTS AND DESIGN PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE TLCRAFTS AND DESIGN PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMS OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE TLCRAFTS AND DESIGN PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO TLCRAFTS AND DESIGN 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 TLCRAFTS AND DESIGN PARTIES OR YOUR USE OF THE 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 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 TLCRAFTS AND DESIGN 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 WITH 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 TLCrafts
and Design 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 by you; (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 Services;
and/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.
17. License to Link to the Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the 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 Services, (c) the link must open in a new window and link to the full version of applicable 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.
18. Jurisdiction and Applicable Law
The Services are controlled and offered by TLCrafts and Design from its facilities in the United States. We make no representation or warranty that the Content or Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk, and you acknowledge that the laws of the State of New York and the United States may not be as protective of you as those of your home jurisdiction.
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.
19. Export Control
The Services are controlled and operated by us from our offices within the State of Virginia. You hereby represent and warrant that: (a) you are not located in a country that is (i) subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea, Sudan, or Syria) or (ii) on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; (b) you are not listed on any U.S., United Nations Security Council (UNSC), UK or EU government list of prohibited or restricted parties, including the list of Specially Designated Nationals and Blocked Persons administered by the U.S. Treasury Department or the U.S. Commerce Department’s Denied Persons List; and (c) you are not otherwise the target of U.S., UNSC, UK or EU economic sanctions. You may not access, download or otherwise use any Services in violation of United States, UNSC, UK or EU export control or economic sanctions laws and regulations. Software in or from the 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, including without limitation to any end user in a U.S. embargoed country or territory or an end user included on any U.S., UNSC, UK or EU government list of prohibited or restricted parties.
20: Notice for California Users
Under California Civil Code Section 1789.3, California users of the 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.
21. Terms Applicable to Third Party Platform Providers
If you access or download the 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 Services. TLCrafts and Design, not such Third Party Platform Providers, is solely responsible for the Services. Your access to the 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 TLCrafts and Design 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. TLCrafts and Design, 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, TLCrafts and Design, 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 TLCrafts and Design applications accessed or downloaded via the Samsung app store or platform, if you wish to assert a claim against Samsung in connection with a TLCrafts and Design 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 Virginia 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 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 Dumfries, Virginia, 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 Services, or these Terms, or other 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, 5, 6 (excluding subsections (c) and (d)), 7, 8, 10-14, 16-20, 22, and 23 of these Terms and any other terms that by their nature survive these Terms shall survive any termination of these Terms.