Terms of Service

 

Terms of Use

Welcome to CraftArtEdu.com  Owned by Craft Media Network

PLEASE REVIEW THIS USER AGREEMENT CAREFULLY.

 

Dated March 15, 2012

 

ACCEPTANCE OF TERMS

Craft Media Network, Inc. owns and provides various websites (the “Websites”), services, and downloads that facilitate online communication, education and information (collectively, the “Services”).  We sincerely hope you enjoy the Services and continue to use them.  By accessing and using the Services in whole or in part you accept and agree to be bound by the terms set forth below (the “Terms of Use”).  If you are a company, you agree that you are authorized to accept these Terms of Use on behalf of your company, and by accessing and using the Services in whole in or in part you agree on behalf of you and your company to be bound by these Terms of Use.  In these Terms of Use, we may refer to Craft Media Network, Inc. as “Craft Media Network,” “us,” or “we,” and “you” shall refer to you and, where applicable, to your company.  Any and all use of the Services is subject to these Terms of Use.  IF YOU DO NOT AGREE TO BE SUBJECT TO THESE TERMS OF USE, DO NOT USE THE SERVICES.  BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

 

Use of the Websites is restricted to users at least 18 years of age.  Do not use the Websites if you are less than 18 years of age.  In compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts.

 

Craft Media Network reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes.

 

SCOPE OF AGREEMENT

These Terms of Use cover your use of the Services, and you agree that these Terms of Use apply to your use of the Services. “Users” shall refer to any and all individuals or organizations using the Services. “Producers” shall refer to Users who create and distribute content (each creation, a “Broadcast”) via the Services (all such distributed creations, “Producer Services”).  “Viewers” shall refer to Users that view Broadcasts but do not create them.  “Registered Viewers” are Viewers who have registered for Services on the Craft Media Network website.  “Unregistered Users” are Viewers who have viewed a Broadcast but did not register for services.

 

For Users and Viewers, these Terms of Use govern use of the Services, including, but not limited to, the process by which you may view, register for, attend, and participate in any Producer Services offered through the Services, including but not limited to how you may write and submit reviews or give other feedback, participate in forums, and receive and feedback.

 

For Producers, these Terms of Use govern use of the Services, including, but not limited to, the process by which you may register and offer a Producer Service, the process by which Users may enroll in and take your Producer Service and your management of any Producer Service.

 

By using the Services, you also consent and agree to the terms of the Craft Media Network Privacy Policy, at http://www.CraftArtEdu.com/privacy.html, and all other applicable Craft Media Network legal policies, available at  http://www.CraftArtEdu.com/legal.html.

 

PRIVATE BETA PHASE

You understand that the Services are a Private Beta, and we are providing the Services to you during this phase (the “Private Beta Phase”) in order to evaluate and gain information about the Services so that we can further refine and enhance the Services.  Craft Media Network may contact you for feedback about the Services.  You shall, whether or not formally requested to do so by Craft Media Network, provide to Craft Media Network suggestions, comments and feedback about the Services, including but not limited to feedback relating to usability, bug reports, test results, emails, surveys, audio recordings, video recordings, transcriptions, opinions, reviews or other information with respect to the Services (“Feedback”).  You consent that Feedback may be used by Craft Media Network in any manner at any time.  You agree not to disparage or defame the Services or Craft Media Network, nor make available to the public negative reviews of the Services. Any and all Feedback, evaluation data (including the performance of any functionality of the Services, and any or other information you provide regarding the Services) and other material generated by using the Services is the sole property of Craft Media Network and is deemed to be Confidential Information, as defined below.

 

If you provide Feedback to Craft Media Network, you hereby grant Craft Media Network the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid-up license (i) to use, copy, or modify for Craft Media Network’s internal purposes, the Feedback as part of any Craft Media Network product, technology, service, specification or other documentation (“Craft Media Network Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, or license copies of the Feedback (and derivative works thereof) as part of any Craft Media Network Product; (iii) solely with respect to copyright and trade secret rights in the Feedback that may be held by you, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as may be necessary to subparts (i) and (ii) of this section; and (iv) to sublicense to third parties any claims of any patents owned or licensable by you that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Craft Media Network Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Craft Media Network to comply with any additional obligations with respect to any Craft Media Network Products that incorporate any Feedback.

 

These Terms of Service and any modifications made thereto during the Private Beta Phase will govern your use of and your rights regarding the Services during the Private Beta Phase.  At the conclusion of the Private Beta Phase, these Terms of Use will be superseded by the terms of use applicable to the commercial release of the Services, and your use of and your rights regarding the Services will immediately and automatically become governed by those terms of use.

 

RESTRICTIONS ON USE OF THE WEBSITES

You understand that you and other users may be able to post, submit, or otherwise display or transmit materials and information using the Websites.  You may not use the Websites to do any of the following:

 

  • upload, post, transmit, or otherwise make available any items that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
  • harass another person or entity;
  • harm minors;
  • target any marketing efforts to minors 13 years of age or under;
  • engage in or facilitate any infringement or misappropriation of, or upload, post, cause a display or performance of, transmit or otherwise make available any content that infringes, any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
  • upload, post, transmit or otherwise make available any content that you do not have a right to make available under law or contractual or fiduciary relationships;
  • upload or transmit spam or unsolicited messages using the send, share, or other transmission capabilities of the Websites;
  • cause or facilitate a display or performance of, or otherwise make publicly available any copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
  • perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
  • provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
  • impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
  • disguise the origin of any content transmitted through any of the Websites;
  • upload, post, cause a display or performance of, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment;
  • upload, post, engage in or facilitate any activities that change the visual character, general or specific, of the Websites;
  • misrepresent the free or payment-required nature of any content within Craft Media NetworkStudio regardless of whether such content is embedded on a paid or free portion of a third-party website or page;
  • interfere with or disrupt the Websites or servers or networks connected thereto, or disobey any applicable policies or regulations of networks connected to the Websites.

 

You further agree that if you upload, post, transmit or otherwise display any mature material, you will a) do so only and completely in accordance with all applicable laws and with these Terms of Service, and b) mark or otherwise visibly designate all such material as “Mature Material” in a way that is easily evident to Users.  You also agree that all commercial transaction involving content created with BroadcastStudio, including but not limited to Broadcasts, will be processed by Craft Media Network.  To the extent that you use or connect to any third party messaging and/or content delivery systems through the Websites, you agree that you will comply with all terms and conditions of use for such third party systems.

 

You understand that the Websites and services offered thereby are offered to provide a tool and platform for professionals, educators and businesses to produce and distribute and monetize broadcasts. If you use the Websites or the Services for any purpose other than the purposes set forth in these Terms of Use, such use will be considered a breach of these Terms of Use.  In case of any such breach, Craft Media Network reserves the right to restrict your access to the Websites, the Services, and to any Broadcast which you have viewed or which you are offering at the time of such violation.  If your access is so restricted, you may contact Craft Media Network at [email protected], but Craft Media Network is under no obligation to restore your access to the Services.

 

All messages, information, documents, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via the Websites.  Craft Media Network reserves the right to, but has no obligation to, monitor the materials posted and/or displayed or performed in the Websites.  Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF THE WEBSITES AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITES AND THE SERVICES PROVIDED THEREBY.

 

IF YOU ARE NOT A PRODUCER, you may not use the Websites for commercial use.

 

IF YOU ARE A PRODUCER, you may not use the Services for promotions. If you desire to use the Services for advertising or promotional purposes, you must enter into a written agreement with Craft Media Network setting forth the terms and conditions of such advertising or promotion (an “Advertising Agreement”).  If you use the Websites for advertising or promotional purposes outside of the Permitted Promotions without such an Advertising Agreement, Craft Media Network reserves the right to restrict your access to the Services and to contact you about such use.  If you are so contacted and wish to continue using the Websites for advertising or promotional use, you will be required to enter into an Advertising Agreement with Craft Media Network.

 

You understand that Craft Media Network may, and reserves the right to, make publicly available on the Websites free of charge to viewers a subset of Producers’ content to use as previews and for promotional purposes.

 

CHANGES TO THE SERVICES

Craft Media Network has the right to change or modify, upgrade, add to, or discontinue the Service, in total, any portion or feature thereof at any time without notice. Craft Media Network also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use or to the Services without restriction. In case of suspension of business, Customers will be given no less then 30-days access to classes they have purchased and no more than 1-year access from date of notice.  If it is technically impossible for Craft Media Network to provide such services, customers who have purchased classes in the preceding 12 months may have classes emailed to them. Instructors will have the right to request within 30 days MP4 files of their classes for their private use.

 

EMBEDDABLE PLAYER

As part of the Services, Craft Media Network provides an embeddable player that allows a Producer to embed Broadcasts created by such Producer in other websites. Subject to the terms and conditions of these Terms of Use (including but not limited to this Section 6), Craft Media Network hereby grants you a limited, non-exclusive, revocable license to incorporate such embeddable player into your own websites, so long as you include a link back to the Website on any page containing the embeddable player. You hereby represent and warrant that you shall not circumvent, disable or otherwise interfere with security related features of the embeddable player or features that prevent or restrict use or copying of any Content (including third party Content) or any aspects of the embeddable player or Craft Media NetworkStudio, or that enforce limitations on use of the embeddable player or Content (including third party Content).

 

REGISTRATION

You must register to access and use certain parts of the Services.  When you enter or try to use a part of the Services that requires registration, you will be prompted to create an account on CraftArtEdu.com (a “User Account”) or log into your existing User Account.  You understand that if you are so prompted you will not be able to continue using that portion of the Services without having a User Account.  If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company.  You agree that any information you provide when registering for the Services and/or for any Producer Services, and at any time thereafter is true, accurate and complete and that, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness.  Failure to do so shall constitute a breach of these Terms of Use.  You further agree that any credit card information or PayPal Account Information you provide through the Services is valid and that you have authority to authorize payments from such credit card or PayPal Account.

 

You are responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority.

 

By registering, you agree that you will use the Services only for the purposes advertised on the Craft Media Network website and/or set forth herein and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.

 

Once you have registered for a Producer Service, you agree to contact directly the Producer that contributed such Producer Service regarding any questions you may have about such Producer Service.  If you wish to withdraw from a Producer Service for which you have already registered and paid, you must contact Craft Media Network at [email protected].

 

PRICING AND PAYMENT TERMS

CraftArtEdu.com:  You understand that accessing http://www.CraftArtEdu.com and viewing previews of Producer Services is free of charge, but that viewing a Producer Service may require payment of the price of that Producer Service (an “Enrollment Fee”).  Craft Media Network reserves the right, at any time and at its discretion, to change the pricing structure and any pricing terms.  Any changes shall be posted on the Craft Media Network website and will be effective on the date specified in such notice.

 

Producer Services: The price of each Producer Service is determined by the Producer of that Producer Service.  You understand that Craft Media Network has no responsibility for such determination.  If you have a question or dispute about the price of the Producer Services, you agree to contact the Producer of such Services directly.

 

Payment:  Unless otherwise stated, all fees are in U.S. Dollars.  When you register for a Producer Service, you are responsible for paying all fees and applicable taxes associated with each such Producer Service, in a timely manner with a valid payment method.  By registering for a Producer Service, you authorize Craft Media Network to charge your account for the full amount of the Enrollment Fee for such Producer Service.

 

Transaction Fees: If you are a Producer, you agree to pay the required fees to Craft Media Network for each Producer Service you conduct on the Websites, and for each instance of a Broadcast that you embed into a website that is not owned by Craft Media Network (a “Transaction Fee”).  The Transaction Fee for each particular Producer Service will be based on the Fee Schedule, available on the Websites at http://www.CraftArtEdu.com/FeeSchedule (the “Fee Schedule”).  You understand that the Transaction Fee for each Producer Service will be determined by Craft Media Network, and will be specified on the Fee Schedule.  Any changes to the Fee Schedule will be effective five (5) business days after such changes are posted to the Websites.  You understand and agree that Craft Media Network may automatically charge the Transaction Fee to your credit card for each applicable Enrollment Fee, and you hereby authorize Craft Media Network to do so.  For Producers who pay fees to Craft Media Network based on the number of times such Producer’s Broadcasts are viewed per month, Craft Media Network will charge any such Producer on a monthly basis, in arrears, for all amounts due to Craft Media Network from the preceding month.

 

Taxes: You shall be responsible for payment of any and all taxes, levies, or duties relating to Transaction Fees and your use of the Services, excluding only United States (federal or state) taxes based solely on Craft Media Network’s income.  Any fees paid to Craft Media Network by you pursuant to these Terms of Use are nonrefundable.

 

General; modifications: You agree to pay all charges that are applicable to you as set forth on the Craft Media Network website and/or in these Terms of Use.  You agree that the address and email address you provide in your account settings are valid addresses and that Craft Media Network may contact you at such addresses or through other electronic or facsimile communications.

 

Craft Media Network reserves the right, at any time and at its discretion, to change any fees and any other pricing terms.  Any changes shall be posted on the Craft Media Network website and will be effective five (5) business days after such posting.  Craft Media Network reserves the right but has no obligation to notify you through the contact information you provide of any such changes.

 

Nonpayment: If, for whatever reason, your payment method fails, and the payment does not go through, Craft Media Network reserves the right to suspend your access to the Services.  If you fail to pay the applicable charge within five (5) days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Craft Media Network reserves the right to cancel your account.  In the event Craft Media Network cancels your account for non-payment, all amounts due and unpaid from you to Craft Media Network for use of the Services shall become immediately due and payable.  In the event of non-payment and the exhaustion of the procedures set forth in this section, Craft Media Network reserves the right to seek payment using any remedies allowed to it by law.  You are solely responsible for all payments due to Craft Media Network under this Agreement, regardless of any payments you may or may not receive from Viewers.  Craft Media Network shall have the right to recoup all payments due to it under this Agreement as set forth in this Agreement.

 

If you wish to dispute any charge invoiced to you by Craft Media Network, you agree to submit the disputed charge to us no later than five (5) business days after the disputed charge is posted to your account. You are responsible for logging in and timely reviewing any charges made to your account.  You may submit a disputed charge by contacting us through the Craft Media Network website, or by email, facsimile, telephone, or mail.  We agree to review your message and work with you to find a timely solution.

 

COMMUNICATIONS

Craft Media Network reserves the right to contact you from time to time for feedback about the Services.  We may also contact you regarding service and support related issues.  We reserve the right to contact you through e-mail, facsimiles, text or voice messages, notices posted on the Craft Media Network websites.  Notices will be deemed effective at the time they are sent by Craft Media Network or as of date they are posted, regardless of whether you actually read any such notices.

 

If you have a User Account, you may opt-out of receiving notifications regarding Broadcasts through the Services by logging into your User Account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services.  You may not opt-out of receiving notifications relating to support of the Services, including complaints submitted to us by other Members, or other notices as required by law.

 

You consent that any emails, surveys, other information or feedback regarding the Services or the Websites that you provide to Craft Media Network through the Services or via any other medium, except for Personally Identifiable Information, as defined in the Craft Media Network Privacy Policy, can be used by Craft Media Network in any manner, including but not limited to for reviews and ratings on Craft Media Network or third party websites.  This does not apply to work you may submit, create, develop, collaborate on, or otherwise work on in connection with a specific Broadcast, and you will retain all rights in and to any work to the extent it is original work created by you, subject to Section 11, “User Submissions,” below.

 

You also consent to being contacted by any Producer for whose Producer Services you have registered, solely for purposes relating to such Producer Services.  If you believe a Producer is contacting you in error, contact [email protected] or that Producer directly.

 

PERMISSION TO USE

Craft Media Network grants to you a personal license to access and use the Services in accordance with these Terms of Use.  You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services, in whole or in part.  Craft Media Network reserves all rights not expressly granted in these Terms of Use.

You are responsible for your use of the Services and you agree that such use will be entirely on your responsibility and at your own risk.

 

INTELLECTUAL PROPERTY

Craft Media Network retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “Craft Media Network Intellectual Property”) that are the exclusive property of Craft Media Network and/or its licensors.  We do not transfer any rights in or to the Craft Media Network Intellectual Property to you.

 

Content of the Services that incorporates or includes any of the Craft Media Network Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Craft Media Network or the rightful owner, as applicable.

 

You understand that some or all of the materials you may be given or given access to through any Producer Services may be protected by copyright or other intellectual property protections.  You agree that you shall not, nor shall you allow any third party to, copy, modify, claim as your or their own, distribute, reformat, or take any other action regarding such materials that infringes or may infringe on the intellectual property rights relating to those materials.

 

CONNECTIVITY COSTS AND EQUIPMENT

It is your responsibility to use the Services properly, and you are solely responsible for all equipment required for you to access the Services, including (but not limited to):

 

  • a properly configured computer with broadband Internet access;
  • a functioning and valid email address;
  • any required software, including an accepted browser (currently Internet Explorer version 6.0 or later, Mozilla Firefox Version 2.0 or later, and/or Safari 3.1 or later) that is configured to accept cookies, download images, and run JavaScript; and
  • any other equipment needed to access the Services or any particular Producer Service for which you register.

 

When using the Services you must comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Services are subject.

 

You are solely responsible for all service, telephony and / or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

 

CONFIDENTIAL INFORMATION

Confidential Information is any oral, written, graphic or machine-readable information disclosed by Craft Media Network that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential.  Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services.  You agree to not disclose or use any Confidential Information without the prior written consent of Craft Media Network, and to maintain the confidentiality of the Confidential Information.

 

PRODUCER RESPONSIBILITIES

You are responsible for ensuring that you are qualified to offer the Producer Services you offer through the Services, and that you are capable of fulfilling the responsibilities associated with providing any such Producer Service.  By making a Producer Service available to Users for enrollment and registration, you represent and warrant that you are qualified to offer, and where applicable, teach, such Producer Service.  You agree that once you make a Producer Service available for enrollment or registration to Users through the Services, you will deliver such Producer Service to the best of your abilities and you will deliver all sessions of such Producer Service either then-scheduled or scheduled after enrollment begins.  If you are unable to deliver a scheduled session of a Producer Service, you agree to reschedule the session to a reasonable time, obtain a substitute party qualified to deliver the session for such session, or otherwise make available to enrolled Users the session and all related materials for such session. You are responsible for all Producer Service documents, information, and materials relating to the Producer Service and its administration, (“Producer Service Materials”).  You are also responsible for communicating any information about each Producer Service you deliver, including but not limited to information relating to scheduling and other administrative details, directly to the Users enrolled in such Producer Service.

 

USER SUBMISSIONS

Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Craft Media Network (“Content”) or by other Users of the Services, including but not limited to Producers and Viewers, (“User Submissions”) to the Websites is owned by the party contributing such content.  As a User of the Services, you are solely responsible for your own User Submissions, including, for Producers, Producer Service Materials.  By transmitting your User Submissions and/or any Producer Service Materials to the Websites or otherwise through or using the Services, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content.  You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

 

You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Craft Media Network, you grant Craft Media Network the irrevocable, fully transferable rights to reproduce, distribute, transmit, excerpt clips from, display and produce the material in furtherance of the Services. To the extent you do not have ownership rights to any of your User Submissions or Producer Service Materials, you shall indemnify Craft Media Network for any claim regarding Craft Media Network’s use of your User Submissions or Producer Service Materials.

 

When using the Services, you may be exposed to User Submissions from a variety of sources, and Craft Media Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.

 

Craft Media Network does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.

 

DMCA NOTICE

Craft Media Network believes in preventing and deterring unauthorized infringement of copyrighted materials.  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify Craft Media Network’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”).  For your complaint to be valid under the DMCA, you must provide the following information in writing:

 

A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

B. Identification of the copyrighted work that you claim has been infringed;

C. Identification of the material that is claimed to be infringing and where it is located on the Craft Media Network website;

D. Information reasonably sufficient to permit Craft Media Network to contact you, such as your address, telephone number, and e-mail address;

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

The above information must be submitted to the following DMCA Agent:

Name: Vernon Ezell

Attn: DMCA Notice

Craft Media Network, Inc.

P O Box 209

Florissant CO 80816
info(@)CraftArtEdu.com

 

LINKS TO THIRD PARTY SITES

You may encounter hypertext links to websites operated by parties other than Craft Media Network during your use of the Services and on the Websites.  Craft Media Network does not control such websites and is not responsible for nor can guarantee the content of such websites.  Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the Websites does not imply any endorsement by Craft Media Network of the material on such website or any association with their operators.

Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.  Craft Media Network is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Websites.

 

TERMINATION

Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.

Abuse of CraftArtEdu's refund policy, determined by CraftArtEdu, negates the full force of the refund policy. Such determination will result in termination of user's account.

OUR RESPONSIBILITIES

Craft Media Network is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support.  You agree that Craft Media Network has no liability or responsibility for the storage or deletion of any User Submissions.  Craft Media Network reserves the right, but not the obligation, to remove any User Submissions at its discretion.  We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect our rights and the right of others.

 

SOLE REMEDY

Your only remedy for any dispute with Craft Media Network is to stop using the Services.

 

JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and your use of the Services resides in the courts of the State and County of San Francisco and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

 

ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION

These Terms of Use, other Craft Media Network legal policies as posted on the Websites, and any operating rules for the Services established by Craft Media Network constitute the entire agreement between Craft Media Network and you regarding your use of the Services.  If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect.  The section headings used are for convenience only and shall not be given any legal significance.

 

The Services are offered by Craft Media Network from the United States of America.  Craft Media Network makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

NO WAIVER

A lack of enforcement will not result in waiver of any term.  Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

 

WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”  CRAFT MEDIA NETWORK DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS THE SERVICES AT ALL TIMES OR PLACES, THAT CRAFT MEDIA NETWORK WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR EQUIPMENT.   TO THE FULLEST EXTENT PERMITTED BY LAW, CRAFT MEDIA NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.  CRAFT MEDIA NETWORK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES.  CRAFT MEDIA NETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND CRAFT MEDIA NETWORK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL CRAFT MEDIA NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES OR YOUR USE OF ANY OF THE MATERIALS USED OR DEMONSTRATED IN A BROADCAST (INCLUDING ANY EQUIPMENT OR POWER TOOLS), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHERMORE, IN NO EVENT SHALL CRAFT MEDIA NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF ANY OF THE MATERIALS USED OR DEMONSTRATED IN A BROADCAST (INCLUDING ANY EQUIPMENT OR POWER TOOLS). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.