Terms of Service - Craft Your Content
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Terms of Service

Last updated November 26, 2016.

EASY-TO-READ SUMMARY

When you use this website (CraftYourContent.com), you agree to follow the rules detailed below. Failing to follow these rules will lead to, at minimum, us banning you from the site (i.e., blocking visits from your IP address). So, please follow the laws in your country, which are based on common sense:

  • Don’t steal any property, including ideas. It’s not cool, but we’ll probably leave it for karma to find you. We’re too busy editing, writing, and reading.
  • Don’t copy anything that is not in the public domain.
  • Don’t post evil stuff or try to harm us or the people using this site. Be cool.
  • Don’t blame us if you post a comment and later see something like it in print or any other sort of production.
  • Don’t pretend you’re someone you’re not while using this site.
  • If you make a purchase on this website and want a refund, email us before your 30-day window closes.

Terms of Service:

The following terms and conditions govern all use of the CraftYourContent.com website and all content, services and products available at or through the website (“The Website”). The Website is owned and operated by Marchative, doing business as Craft Your Content (“Craft Your Content”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Craft Your Content’s Privacy Policy) and procedures that may be published from time to time on this Site by Craft Your Content (collectively, the “Agreement”).

Please read this Agreement before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Craft Your Content, acceptance is expressly limited to these terms. The Website is best used by individuals who are at least 13 years old.

Your CraftYourContent.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account and materials, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account or materials. You must not describe or assign links or content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify Craft Your Content of any unauthorized uses of your account or any other breaches of security. Craft Your Content will not be liable for any acts or omissions by You, including those resulting from your negligence and including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you respond to a blog post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Content’s title or author name is not the name of a well-known title other than your work or a person other than yourself or a company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Craft Your Content or otherwise.

By submitting Content to Craft Your Content for inclusion on our Website(s), you grant Craft Your Content a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content and our Website. If you delete Content, Craft Your Content will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Craft Your Content has the right (though not the obligation) to, in Craft Your Content’s sole discretion:

(i) refuse or remove any content that, in Craft Your Content’s reasonable opinion, violates any Craft Your Content policy or is in any way harmful or objectionable, or

(ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Craft Your Content’s sole discretion.

Fees and Payment. By completing the cart and checkout process for any product or number of products, you agree to pay Craft Your Content the fees indicated on our Website at the time of purchase in exchange for the product or service. This may be a one-time, monthly or annual fee; unless otherwise explicitly indicated on the Website, the default fee will be one-time. Payments will be processed on the day you purchase a product or service. Craft Your Content reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.

Refunds. Craft Your Content offers a thirty-day (30-day) money back guarantee on purchases made through CraftYourContent.com using our cart and checkout service, which is supplied by third-party vendors. We warrant that we will refund the price that was charged to a Customer (less taxes or shipping and handling charges, if applicable) if and only if said customer requests a refund within 30 days of receipt of payment by:

  1. Making every reasonable effort to supply Craft Your Content and Elisa Doucette with the date-stamped receipt before the 30-day period has ended
  2. Supplying a written request for a refund, with a copy of the receipt supplied, at either https://www.craftyourcontent.com/request-for-refund or elisa AT craftyourcontent DOT com before the 30-day period has ended

If you take issue with a transaction, it is your responsibility to open a dispute with the Resolution Department of the payment issuer (i.e., PayPal, VISA, MasterCard, American Express or other). Refer to your receipt for details. Craft Your Content will not be responsible for disputes with payment providers.

If you would like a refund for a transaction you completed on a website other than CraftYourContent.com, please refer to that site for their refund policy. I cannot and will not provide refunds for transactions initiated and processed on sites other than CraftYourContent.com, such as deal-of-the-day websites, unless I have explicitly stated that I will do so on that website, domain or URL.

Support. All services on Craft Your Content include access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Craft Your Content to respond within two business days) concerning the use of our services. All support will be provided in accordance with Craft Your Content standard practices, procedures and policies. To access support, email elisa AT craftyourcontent DOT com.

Responsibility of Website Visitors. Craft Your Content has not reviewed, and cannot review, all of the material, including Content, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Craft Your Content does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Craft Your Content disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading or use by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our Websites link, and that link to our Websites. Craft Your Content does not have any control over those non-Craft Your Content websites and webpages, and is not responsible for their contents or their use. By linking to a non-Craft Your Content website or webpage, Craft Your Content does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Craft Your Content disclaims any responsibility for any harm resulting from your use of non-Craft Your Content websites and webpages.

Copyright Infringement and DMCA Policy. As Craft Your Content asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CraftYourContent.com or our blog violates your copyright, you are encouraged to notify Craft Your Content by email at elisa AT craftyourcontent DOT com. Craft Your Content requires that you supply Craft Your Content with appropriate information to identify, track and locate the information/property in question in a reasonable period of time and with limited effort or expense. Craft Your Content will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Craft Your Content or others, Craft Your Content may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Craft Your Content will have no obligation to provide a refund of any amounts previously paid to Craft Your Content.

Intellectual Property. This Agreement does not transfer from Craft Your Content to you any Craft Your Content or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Craft Your Content. Craft Your Content, CraftYourContent.com, the Craft Your Content logo, and all other trademarks, service marks, graphics and logos used in connection with CraftYourContent.com, or the Website are trademarks or registered trademarks of Craft Your Content or Craft Your Content’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Craft Your Content or third-party trademarks.

Changes. Craft Your Content reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Craft Your Content may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. We reserve the right to change any and all Craft Your Content services without notice.

Termination. Craft Your Content may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CraftYourContent.com account (if you have one), you may simply delete your account using the Website to login and visit your profile. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by Craft Your Content if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Craft Your Content’s notice to you thereof; provided that, Craft Your Content can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. Craft Your Content and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Craft Your Content nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Disclaimer of Affiliate Links. Craft Your Content is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

Limitation of Liability. In no event will Craft Your Content, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Craft Your Content under this agreement during the twelve (12) month period prior to the cause of action. Craft Your Content shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Craft Your Content Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Craft Your Content, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Craft Your Content and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Craft Your Content, or by the posting by Craft Your Content of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Maine, USA excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the regional and federal courts located in Maine, USA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Maine, USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Craft Your Content may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

ABOUT THESE TERMS OF SERVICE

Our appreciation to Automattic Inc. (WordPress) for making their legal terms of service available under a Creative Commons Sharealike license. We have used their terms of services as the basis for ours. Read more here and support WordPress: http://en.wordpress.com/tos/