DAILYCRAFTER.COM TERMS OF USE

Links to other web sites:

This site may contain links to other sites that are operated by unrelated third parties. We are not responsible for the privacy practices or the content of such web sites.

Copyrights:

All software, web site design, text, graphics, and the arrangement thereof, is Copyright ©2008-2009 by Daily Crafter. ALL RIGHTS RESERVED. Permission is granted to print portions of this Web site for the sole purpose of placing an order with Daily Crafter. Any other use of materials on this Web site--including reproduction for purposes other than those noted above, modification, distribution, or republication--without the prior written permission of Daily Crafter is strictly prohibited.

Product images are copyrighted by Daily Crafter and may also be copyrighted by the manufacturers of those products or their designers. You may not copy or use these images in any way, except as part of using this web site. Copyrighted images are used on this web site pursuant to 17USC113(c) and no other use is intended.

DMCA Digital Millennium Copyright Act:

If you believe that your copyrighted works are contained on our system and you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, then we want you to know the proper procedure for notifying us. You should send us a written Notice which contains the following:

  1. Identification of the copyrighted work(s) claimed to have been infringed.
  2. 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.
  3. Information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as a physical address, telephone number, and, if available, an electronic mail address.
  5. 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, your agent, or the law.
  6. 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.
  7. A physical signature. You must be a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Your Notice to us should be sent to us via a reliable means to "Legal Department - DMCA Compliance" at the address in our Contact Us section. Generally, you should use certified mail or a carrier that provides not only delivery confirmation but that also requires a signature. While you may email us or call us, this does not constitute a proper Notice to us.

Once we receive your Notice we will follow the procedures outlined in this policy and in the DMCA.

Right To Manage:

Daily Crafter reserves the right to manage this web site and service in the way that it deems to be most beneficial to success. You agree that not every circumstance can be anticipated and that Daily Crafter can use its best judgment in managing the Daily Crafter web site and service. You agree that common sense plays an important part of any service of this type, and also that business judgment is important to achieving success. Daily Crafter may exercise broad discretion in establishing, adapting, and selectively applying policies and rules. It is the philosophy of Daily Crafter to not have rigid, black & white published policies but to operate the web site and service adaptively and even to experiment. Therefore not every service, account, policy, or offer may be universally applied or available. It is not a right or expectation that this web site or service is unchanging and uniform, or that rules and policies are blindly implemented for the sheer sake of uniformity. Daily Crafter may choose who may use the web site or services and how those services may be used on a case-by-case basis as long as this does not result in illegal discrimination.

Disclaimer & Limitation:

Daily Crafter IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. Daily Crafter DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Daily Crafter DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. You agree to hold us harmless and to waive any claims you may have against us relating to any products and services you receive from us, to the maximum extent permitted by law.

Except as specifically stated on this site, neither Daily Crafter nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. This limitation also includes your right to collect penalties or fees where we may have been in error, unless such error was malicious or intentional.

Litigation:

By accessing this site and using any of its features other than this page, you expressly agree that venue shall be the State of Washington and that Washington State Law shall apply in all cases and for all disputes of every nature that have arisen or may arise between us. You expressly waive all arguments of jurisdictional diversity. Any legal actions prosecuted or instituted by you or Daily Crafter, shall only be brought in a federal or state court of competent jurisdiction in King County or Pierce County, Washington, and each party hereby consents to the jurisdiction and venue of such courts for all such purposes. Daily Crafter shall be entitled to full recovery of its attorney's fees and costs in the event that it shall prevail in any legal action, including efforts to collect amounts due from you. By using this site, you waive any right you may have to collect attorney's fees, penalties, punitive damages, or fines to the maximum extent permitted by law for you to waive such rights. Any failure to enforce any rights under this agreement shall not be deemed to be a waiver.

Other Terms:

Our policies of sales are contained on this web page, which may be supplemented but may not be amended by any newsletters or other documents that we publish. This means that in the event of a conflict between this web page and any other publication of information of ours, this page is the authoritative policy.

We reserve the right to correct errors, change prices, and revise terms and conditions at any time by posting the current information on this web site; no other notice to you of changes shall be required. Any legal notices sent to Daily Crafter shall be addressed to our Legal Department and shall be made only by personal delivery or via USPS, Federal Express, UPS, or DHL (return receipt required as proof of delivery.) You represent that you are at least eighteen (18) years of age, are legally competent to enter into this agreement, have completely read this agreement, and voluntarily accept and agree to its Terms and Conditions.

Privacy Policy & Submissions
Revised February 17, 2009

Information we receive about you:

Our site's registration, checkout, and other forms require you to give us contact information (such as your name and address). Some information is automatically collected (such as your IP address.) We maintain audit trails that include and site navigation. We use cookies to maintain your account number so that you do not need to continually log into our servers. We also maintain detailed system activity journals. Certain features of our system allow you to submit product and user reviews and other materials that we also maintain. Each time you contact us we strive to maintain a record of that communication such as by recording and recapping telephone conversations and by archiving e-mail communications. We may also receive and use information that relates to you from other companies that choose to make this information available (such as Caller-ID provided by the telephone company when you call us.) To verify the information you provide online, we may ask you to send us additional information, such as your driver's license or a recent utility bill in order to safeguard your account against potential fraud.

Steps we take to protect your privacy:

You may indicate to us that you do not wish to receive marketing information from us by unsubscribing from our newsletter. Because email delivery is not reliable, we do not recommend that you depend solely upon email. Using our web site is the most reliable opt-out method. We will use our best efforts to honor your request to not be contacted again.

If we contact you using a list provided by an unrelated third party, we will not automatically add you to our own lists unless you choose to do business directly with us or explicitly grant your permission.

Our servers are protected behind a firewall that has been designed to limit access and to Customer Service safeguard the information we keep about you. While we take steps to protect your privacy, computer systems are complicated and it is possible that there may be an unforeseen way to bypass security.

Disclosures & uses of information:

We may use and publish all materials that you submit to us. This may include (but is not limited to) product reviews, tips, opinions, projects, artwork, articles, and photographs. At our option and without any compensation to you we may license, publish or distribute this information on our web site and via other means. When we do this, we may but are not required to publish your nickname or initials along with your city, state, and country. If you do not want this information to be disclosed, then you should not make submissions to this system. We do not have the ability to accept submissions on a confidential or limited or restricted basis. We cannot accept and do not send to us any materials which you indicate are in some way restricted.

From time to time, you may be sent information about the products and services we offer, or about other products and services that we feel you might be interested in. We may provide your contact information to third parties for the purpose of preparing and sending this information.

Your Representations & License Granted To Us:

When you submit materials to us, whether such submissions are in electronic or physical form, whether uploaded or otherwise delivered, you represent that you:

(1) Are either the copyright owner or have permission to do so from the copyright owner,
(2) Are not infringing upon the rights of others,
(3) Indemnify us from all claims from third parties relating to the materials submitted.

You grant to us the right to use, modify, license, and publish materials which you submit. This includes but is not limited to the right to produce what are called "derivative works" of those materials, which basically means the right to incorporate your works or ideas into our web site and to create new materials such as advertising and catalogs. This does not give us the right to reproduce your products, or to create derivatives of those products; it relates directly to the listing, photographs and other materials you submit to us. The main purpose of this provision is to allow us to use and reproduce and to incorporate the materials that you provide in our web site, and our promotional publications. You will not be paid by us, as a royalty or otherwise for our use of your submissions. This license is perpetual and transferrable by us.

We acknowledge that you have not transferred to us any specific trademark rights except in conjunction with the materials you have submitted or in relation to your listing or your business relationship with us. We may use your trademarks when legally allowed under ordinary trademark law such as to represent the origin or availability of goods on our web site and through our network.

You acknowledge that we have certain obligations under the Digital Millennium Copyright Act (DMCA) and that we may need to remove items, to contact you, or to restrict your access or capabilities as to comply with the DMCA. Click here for more information on copyrights and our DMCA policy. Governmental Cooperation:

If you have been signed up to receive newsletters on our web site by somebody else and without your permission, we will promptly remove you from our mailing lists and we will cooperate with governmental agencies relating to the unauthorized sign-up.

We may disclose information to agencies or authorities with whom we are legally required to cooperate during the investigation of fraud or illegal activity. For example, we may disclose information in response to a subpoena, warrant, court order, or comparable legal process.


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