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Effective Date: 10/06/2017
When you click the “Checkout” button on www.wecraftbox.com (the “Website”), you are entering into a binding legal agreement with We Craft Box, LLC (the “Company”) and you are agreeing to the terms of this Subscription Agreement (the “Terms”). If you do not agree to these Terms, do not click the “Checkout” button.
The Company provides a monthly subscription service for the delivery of materials and instructions needed to create a fun and creative craft (a “Craft Box”) with your child.
To make a purchase and start your subscription, you must create a user account (your “Account”). Your Account is created by entering your email address and a password (your “Credentials”) and clicking the “Checkout” button. On subsequent visits to the Website, your Account can be accessed by entering your Credentials.
The crafts provided in the Craft Box is protected by law including, but not limited to, United States copyright law and international treaties. The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Website and the Craft Box. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content. The intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in these Terms are reserved by the Company.
Warning: Choking Hazard—Small parts not for children less than three (3) years of age. You acknowledge that the Craft Box is not designed, manufactured, or intended for use by children under the age of three (3) years and may contain small parts. In addition to small parts that are choking hazards, Craft Boxes may also include the following materials (or other materials that are not included in this list): pipe cleaners, sequins, rhinestones, glitter, Elmer’s glue, pom-poms, ribbon/string, paper (variety), stickers, beads, seeds, paint (variety of types), modeling clay, ingredients for kinetic sand, ingredients for salt dough, ornaments, chalk, markers, crayons, and watercolor paints. If the materials contained in a Craft Box contain items that may pose a hazard to your child who is three years old or greater and safety regulations require the Company to provide cautionary statements concerning the use of such items, applicable warning labels for such items will be included in the Craft Box. You understand and agree that you must read all included warnings and cautionary statements and take necessary precautions to protect your child. In addition to all other limitations and disclaimers in these Terms, the Company will not be liable to you, your child, or any third party in whole or in part for any claims, liability, damages, loss, or costs arising from the materials contained in any Craft Box.
You may cancel your subscription by emailing us by the 10th day of the month following the end of your then-current subscription period using the contact information contained at the end of these Terms. implied warranties on this Craft Box, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, or fitness for a particular purpose. The Company makes no warranty that a Craft Box will meet your requirements. These disclaimers form an essential part of these Terms. No use of the Website is authorized except under these disclaimers. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.
In no event will the Company be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the Website or a Craft Box, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, the maximum liability arising out of or in connection with the Website or a Craft Box will not exceed the amount you paid to the Company in the then-prior calendar month.
You agree and understand that you assume all risks when using the Craft Box, including, without limitation, any and all risks associated with you and your child’s use of the materials contained within the Craft Box.
You agree to indemnify and hold the Company harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Website or a Craft Box, violation of these Terms, or violations of any rights of a third party including, but not limited to, other users, or allegations thereof. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defenses.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Sarasota, Florida, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00. The courts of Sarasota County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. These Terms will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law.
This Website is designed for use from within the United States. Craft Boxes may not be available outside the United States. If you access and use the Website outside the United States, you understand and agree that Craft Boxes may not be available and you are responsible for complying with your local laws and regulations.
The Company welcomes your feedback with regard to the Craft Box. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit those Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and the Company shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
