Last Modified: May 16, 2014.
TC Babington, LLC (hereafter “CraftSwag”) offers for your use this website (www.craftswag.com) and such other URLs as may be designated in the future by CraftSwag, as wells as any functionality, services or software applications which relate thereto (collectively, the “Website”).
3. Website Access, Security & Prohibited Uses.
CraftSwag reserves the right to withdraw, suspend or amend the Website, any functionality or services offered on the Website, and/or any text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and/or computer code included on the Website (collectively, “Content”) in its sole discretion without notice. CraftSwag will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, CraftSwag may restrict access to some parts of the Website, or the entire Website, to users, including registered users, to, among other things, perform routine or non-routine maintenance, error correction, or other changes. You are responsible for making all arrangements necessary for you to have access to the Website.
You may use the Website for your personal, noncommercial use only. You may not copy, sell, license, sublicense, reproduce, distribute, disclose, modify, decompile, disassemble, create derivative works of, publicly display, publicly perform, republish, encode, export, re-export, download, upload, post, store, translate, or transmit any portion or all of the Website or Content without advance written consent from CraftSwag, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (iii) you may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any functionality and interactive features on the Website.
If you are provided with a user name, password or any other piece of information as part of CraftSwag’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify CraftSwag immediately of any unauthorized access to or use of your user name or password or any other breach of security.
CraftSwag reserves the right to deactivate your user name, password or other identifier at any time and without notice to you.
You may NOT:
- Use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
- Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any CraftSwag server, or to any of the services offered on or through the Website, by any illegitimate means;
- Scan, probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or CraftSwag systems or networks, or any systems or networks connected to the Website or to CraftSwag;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CraftSwag on or through the Website or any service offered on or through the Website;
- Use this Website or any Content for any abusive or illegal purpose;
- Post content or material that contains pornography, excessive violence, or is otherwise offensive, vulgar, explicit, or obscene;
- Post links to other Websites that sell similar products or offer similar services to CraftSwag’s offerings; and/or
- Post links to any type of promotions, sales, or other offers from any company that provides similar services or sells similar products as those offered by CraftSwag.
- CraftSwag reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section that related to unlawful activity. CraftSwag does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.
4. Disclaimer of Warranties.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES, APPLICATIONS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CRAFTSWAG NOR ANY PERSON ASSOCIATED WITH CRAFTSWAG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CRAFTSWAG NOR ANYONE ASSOCIATED WITH CRAFTSWAG REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CRAFTSWAG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND TITLE OR NON-INFRINGEMENT.
5. Limitation of Liability.
6. Fees and Payments.
CraftSwag’s obligations, if any, with regard to its goods and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
CraftSwag may make changes to any goods or services offered on the Website, or to the applicable prices for any such goods or services, including any applicable shipping and handling, at any time, without notice. The materials on the Website with respect to goods and services may be out of date, and CraftSwag makes no commitment to update the materials on the Website with respect to such goods and services.
7. Intellectual Property Rights.
All Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to CraftSwag with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Website are the trademarks, service marks or logos of their respective owners.
CraftSwag’s trademarks may not be used in connection with any product or service that is not provided by CraftSwag in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CraftSwag.
8. Confidential and Proprietary Information.
CraftSwag does not seek or want to receive confidential or proprietary information from you through the Website. Please note that any information or material sent to CraftSwag in any manner related to or through the Website will be deemed NOT to be confidential. By sending CraftSwag any information or material, you grant CraftSwag an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that CraftSwag is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
9. Links to Other Sites and to the CraftSwag Site.
This Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under CraftSwag’s control, and CraftSwag is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-CraftSwag website does not mean that CraftSwag endorses or accepts any responsibility for the content, or the use, of the Linked Site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
CraftSwag may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CraftSwag’s rights or property, or the rights or property of visitors to or users of the Website, including CraftSwag’s customers. CraftSwag reserves the right at all times to disclose any information that CraftSwag deems necessary to comply with any applicable law, regulation, legal process or governmental request. CraftSwag also may disclose your information when CraftSwag determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
CraftSwag may terminate your membership, delete your account and any material that you have posted on the Website and/or prohibit you from using or accessing the Website (or any portion, aspect or feature thereof) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiration of your membership or your ceasing to use the Website, your obligations hereunder shall survive indefinitely.
If you are a copyright owner or an agent thereof and believe that any Content or other material on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C 512(c)(3)) by sending CraftSwag the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site,
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material,
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail,
(v) 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 the law, and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.
14. Additional General Terms.