We may give notice to you by means of (i) a general notice on the website; (ii) by email to your e-mail address on record in your Purchase Record, or (iii) written communication sent to you by first class mail to your address on record in your Purchase Record. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail) or twenty-four (24) hours after sending (if by e-mail).
Access Subject to Local Restrictions
The Website and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is prohibited without UpCraft obtaining the necessary licenses or authorizations and such have not been obtained.
Limited License and Restrictions on Use
- loan, share, publish, republish, copy, reproduce, disclose, transmit, display, sell, license, lease or distribute any portion of the Website or any data thereon to any third-party, or use the Website as a basis for a directory or database prepared for commercial sale, commercial use, or distribution;
- remove any copyright, watermark, trademark or other proprietary notices contained in the Website;
- disassemble, decode, decompile or otherwise reverse engineer any software (the "Software") used in providing, accessing, storing, serving, or viewing the Website;
- access, download, transfer or manipulate data or databases comprising the Website using protocols or interfaces other than those provided by UpCraft as part of the Website. This includes the use of programming scripts, robots, spiders, crowd-sourced human intelligence, or any other automated method to automatically obtain the contact information of our subscribers and any programming scripts or third-party software or crowd-sourced human intelligence which automatically downloads or copies image or textual content from any portion of the Website;
- hire any type of crowd-sourced or outsourced labor to utilize the Website in any way;
- utilize any automated method of contacting subscribers or other users through the Website;
- contact other users or subscribers to the Website with offers to consume any commercial service or purchase any product;
- have access to or make any use of the source code for the Website;
- take any action inconsistent with UpCraft's ownership of and rights in the Website and the Software; or
- violate any law or regulations concerning data protection.
In addition, by using the Website, you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
- not to disrupt or interfere with any other user's permitted enjoyment of the Website or affiliated or linked websites;
- not to upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files;
- not to use, frame or utilize framing techniques to enclose any UpCraft trademark, logo, content or other proprietary information (including the images found at the Website, the content of any text or the layout/design of any page or form contained on a webpage) without the express written consent of UpCraft;
- not to use meta tags or any other "hidden text" utilizing a UpCraft name, trademark, or product name;
- not to create or use a false identity on the Website;
- not to collect or store personal data about others obtained through the Website without their consent; not to attempt to obtain unauthorized access to portions of the Website that are restricted from general access;
- not to take any action that will or could impose unreasonable or disproportionately large load on our Website or our other infrastructure;
- not to post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise in violation of any applicable local, state, national, or international law, statute, regulation, ordinance or other means of establishing legal rights and obligations in any geographic area (collectively, "Applicable Law");
- not to post any copyrighted material unless the copyright is owned by you or you have obtained permission from the copyright holder, which posting shall be deemed consent by you of the publication of such copyrighted material on the Website;
- not to take any action that may undermine any feedback or rating systems; and
- to comply with all applicable laws that relate to your use of or activities on the Website including but not limited to United States export restrictions.
Purchases of Products and Services
When you purchase a product or service, you and the seller enter into a binding contract that both parties are expected to honor. UpCraft may provide the vehicle for communication, negotiation, and confirmation of a bid between a buyer and seller, and all users agree that any such bids are binding obligations once proposed by the seller and accepted by the buyer. The users agree that UpCraft is not involved in the actual transaction between buyers and sellers and that UpCraft is not a party to the contract. You will promptly deliver payment for an item or service purchased by you unless (a) the seller fails to meet the material terms of the contract, or (b) you cannot authenticate the seller’s identity.
Reputation Management and Review Functionality
Intellectual Property Rights, License to UpCraft
The Website and any and all content on the Website are protected by copyright and/or other intellectual property laws and any unauthorized use of such intellectual property or information or the Website may violate such laws related to their protection. Except as expressly provided herein, UpCraft does not grant any express or implied right or license of any kind to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.
As between you and UpCraft, you own the content and information you provide UpCraft under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant UpCraft a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to UpCraft to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to UpCraft, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the products or services, you submit to UpCraft, without any further consent, notice and/or compensation to you or to any third parties.
The information and materials contained in the Website have been gathered by UpCraft from sources believed by it to be reliable. The information and materials are provided "as is" and UpCraft makes no representations or warranties of any kind with respect to the information and materials contained in the Website, including without limitation warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, UpCraft does not warrant the accuracy, timeliness, completeness, reliability or availability of the Website or the information or results obtained from use of the Website, or that the Website is virus-free or error-free. Invisory has no obligation to audit, validate or otherwise verify any information contained in the Website.
UpCraft does not guarantee continuous, uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside UpCraft's control.
UpCraft does not assume any responsibility, and shall not be liable for any damages to, or viruses that may infect, your equipment or other property on account of your access to or use of the Website.
Electronic Communication (E-Mail)
The Internet is a universally accessible medium. Ordinary E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may circulate across national borders, even if both sender and recipient are located in the same country. You are therefore recommended to communicate with UpCraft by using a secure channel if such channel is provided by UpCraft. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data. UpCraft shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to UpCraft or to other users of the Website using ordinary E-mail or any other electronic messaging system.
You release UpCraft (and our owners, officers, directors, agents, subsidiaries, contractors, suppliers and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes you have with one or more users of the UpCraft Website.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UPCRAFT OR ANY OF ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR OTHERS WITH WHOM IT MAY COLLABORATE TO PROVIDE THE WEBSITE HAVE ANY LIABILITY WHATSOEVER TO ANY PERSON FOR ANY DIRECT OR INDIRECT LOSS, LIABILITY, COST, CLAIM, EXPENSE OR DAMAGE OF ANY KIND, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE USE OF ALL OR PART OF THE WEBSITE, EVEN IF UPCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IN THE EVENT UPCRAFT IS FOUND LIABLE, UPCRAFT'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF UPCRAFT'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND CONSULTANTS, TO YOU IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO UPCRAFT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold UpCraft and (as applicable) UpCraft's parent, subsidiaries, owners, affiliates, officers, directors, consultants, suppliers, agents and employees harmless from an claim or demand, including reasonable attorneys; fees, made by any third party due to or arising out of your breach of the Terms and Conditions, or your violation of any law or the rights of a third party.
Conflict with Additional Terms
Choice of Law and Venue
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Delaware without regard to its conflict of laws principles. Any dispute will be subject to the exclusive jurisdiction of the courts located within Polk County in the State of Iowa, and Consumer hereby submits to the personal jurisdiction of such courts.
This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. You and Invisory are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. UpCraft may assign this Agreement by providing notice to you. You may not assign this Agreement, nor any of its rights or obligations, without UpCraft's prior written consent. No waiver shall be deemed a waiver of any prior or subsequent default hereunder.
The following Sections survive any termination or expiration of this Agreement: License to UpCraft, No Warranty, Limitation of Liability, Release, Indemnity, Applicable Law and Dispute Resolution, and General.
Notice and Procedure for Making Claims of Copyright Infringement
If You believe that your work has been copied and posted on our Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Collection of your Personal Information
UpCraft may collect and store personally identifiable information disclosed by you, such as your e-mail address, name, home or work address or telephone number. Depending on the service used, UpCraft may collect your financial information, such as credit card, bank account numbers or other billing information. UpCraft also collects and stores anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. Other information that may be gathered from you and stored includes, but is not limited to, community discussions, chats, dispute resolution findings, correspondence through our sites, and correspondence sent to us.
UpCraft also automatically collects and stores information about your computer hardware and software. This information may include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by UpCraft to provide statistics regarding usage of the Website.
UpCraft keeps track of the pages our users visit within the Website, in order to determine what UpCraft services are the most popular. This data is used to deliver customized content and advertising within UpCraft to users whose behavior indicates that they are interested in a particular subject area.
UpCraft periodically engages in marketing partnerships with other companies during which your personal e-mail address can be shared if you choose to register for a particular campaign (such as the UpCraft Club Sewing Hunt). UpCraft will not sell your personal information to third parties for their marketing purposes without your prior consent or opt-in. UpCraft may combine your information with information it collects from other companies and use it to improve and personalize UpCraft's services, content and advertising. If you do not wish to receive marketing communications from UpCraft or participate in its ad-customization programs, simply send us an e-mail indicating your preference.
UpCraft will disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on UpCraft or the Website; (b) protect and defend the rights or property of UpCraft ; (c) enforce our policies; (d) respond to claims that a listing or other content violates the rights of others; (e) protect the personal safety of users of UpCraft or the public; or (f) to report suspected illegal activity or fraud. All such information will be disclosed in accordance with applicable laws and regulations.
If you choose to pay for a transaction using a payment service through our Website, UpCraft may also share your personal information with such payment service(s) to complete the transaction.
The Website uses "cookies" to help you personalize your online experience. A cookie is a piece of text that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website.
Security of your Personal Information
UpCraft will take reasonable precautions to protect your personal information from unauthorized access, use or disclosure. Individuals who have been granted access to personal information are aware of their responsibilities to protect the security, confidentiality and integrity of that information. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will always remain private. UpCraft retains your personal information to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, enforce our Terms and Conditions, and take other actions as permitted by law.
UpCraft may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
Any user with an account on the Website may review, update, correct or delete personal information in their profile by contacting us at email@example.com or by editing the relevant part of their profile. If you would like us to cancel your UpCraft account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your UpCraft account. Please note that, if you cancel your UpCraft account, any reviews or other content you have posted to the Website may, in our discretion, remain publicly viewable via the Website. Please see below for privacy contact information.
With your consent we may post your testimonial on the Website along with your name. If you want your testimonial removed please contact us at firstname.lastname@example.org.
Our Policy Toward Children
This Website is not directed to individuals under the age of eighteen (18). We do not knowingly collect personally identifiable information from children under the age of thirteen (13). If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at email@example.com. If we become aware that a child under thirteen (13) has provided us with personal information, we will delete such information from our files.
We reserve the right to modify this Policy at any time by posting an amended Policy that is always accessible on this site’s home page and by giving you prior notice of such amendments. Your continued use of this Website after a modification indicates your acceptance of the amended Policy. You should check this Policy periodically for modification by clicking on the link provided near the top of this Policy for a listing of material changes and their effective dates.
We may give notice to you by means of (i) a general notice in your account information; (ii) by email to your e-mail address on record in your Purchase Data, or (iii) written communication sent to you by first class mail to your address on record in your Purchase Data. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail) or twenty-four (24) hours after sending (if by e-mail).