Terms and Conditions of Use

Please read these terms of use (“Terms”) carefully before using the Crafteeo, LLC (‘Crafteeo”) website or related services. These Terms govern and apply to all persons who access and use (“Users”) the Crafteeo services consisting of the Crafteeo website and mobile application (collectively, “Services” or “Website”, or “App”). By accessing or using Crafteeo, you acknowledge that you have read these terms, understand them, and agree to be bound by the terms and conditions described herein, including Crafteeo’s Privacy Policy. If you do not agree to all of these terms and conditions, please do not use our Services.

I. Rules and Conduct

  1. You must be 18 years or older to use these Services.
  2. You may not post inappropriate materials. This includes nude, partially nude, or sexually suggestive photos or language.
  3. You are responsible for any activity that occurs under your screen name.
  4. You may not impersonate another person or represent yourself as affiliated with Crafteeo or Crafteeo’s staff.
  5. You are responsible for keeping your password secure.
  6. You must not abuse, harass, threaten, impersonate, or intimidate other Crafteeo users.
  7. You may not use web URLs in your name or posts without prior written consent from Crafteeo.
  8. You may not use the Crafteeo Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  9. You are responsible for verifying the safety, suitability, and functional state of any items or services given, shared, sold, or received via Crafteeo.
  10. You may not intentionally misrepresent any items or services given, shared, or sold via Crafteeo.
  11. You are responsible for ensuring and being able to verify that you have legal standing to offer items (whether giving, selling, exchanging, sharing, or otherwise) posted on or using Crafteeo.
  12. You are responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio, video clips, and links (“Content”) that you submit, post, and display on the Crafteeo website or app.
  13. Crafteeo does not control, is not responsible for and makes no representations or warranties with respect to any user content.
  14. You are responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

This list is an example and is not intended to be complete or exclusive. Crafteeo does not have an obligation to monitor your access to or use of the Services or to review or edit any information posted to Crafteeo, by the user. However, we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a user, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted content may be stored by Crafteeo in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Crafteeo encourages you to maintain your own backup of your Content. In other words, Crafteeo is not a backup service. Crafteeo will not be liable to you for any modification, suspension, or discontinuation of the Crafteeo Services, or the loss of any Content.

The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Service.

II. General Terms

  1. You may not copy, modify or create derivative works of any Content on Crafteeo, unless expressly authorized by Crafteeo.
  2. You may not disassemble, decompile, or reverse-engineer Crafteeo or modify another website, application, or product offering so as to falsely imply that it is associated with Crafteeo.
  3. You may not access Crafteeo’s private API by any other means other than Crafteeo’s official Services.
  4. You may not access or try to access non-public areas of the Services, our computer systems, or the technical delivery systems employed by our Services.
  5. You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from Crafteeo including but not limited to posted items, user profiles, names, addresses, email addresses, photos, story text, characters and illustrations.
  6. You may not create or submit unwanted email or comments to any Crafteeo users (“Spam”).
  7. You may not gather and use information, such as users’ name, real names or email addresses which are made available through the service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
  8. You may not transmit any worms or viruses or any code of a destructive nature.
  9. You may not, in the use of Crafteeo Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
  10. Violation of this agreement can result in the termination of your Crafteeo account. You also agree to indemnify and hold Crafteeo harmless as indicated in section 12 below.
  11. While Crafteeo prohibits certain conduct and content on its site, you understand and agree that Crafteeo cannot be responsible for the Content posted on its web site or app and you nonetheless may be exposed to such materials and that you use the Crafteeo Services at your own risk.

III. General Conditions

  1. We reserve the right to refuse service to anyone for any reason at any time.
  2. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  3. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  4. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

IV. Proprietary Rights in Content on Crafteeo Services

  1. Crafteeo does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Content that you post on or through the Crafteeo Services.
  2. By displaying or publishing (“Posting”) any Content on or through the Crafteeo Services, you hereby grant to Crafteeo an exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, characters, product ideas, or original artwork.
  3. Some of the Crafteeo Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Crafteeo may place such advertising and promotions on the Crafteeo Services or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
  4. You represent and warrant that: (i) you own the Content posted by you on or through the Crafteeo Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Crafteeo Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Crafteeo Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Crafteeo Services as per section 12 below.
  5. Crafteeo owns and retains all rights in the Crafteeo Content and the Crafteeo Services. Crafteeo hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Crafteeo Content (excluding any software code) solely for your personal use in connection with viewing postings and using the Crafteeo Services.
  6. The Crafteeo Services contain Content of Users and other Crafteeo licensors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any other User’s Content appearing on or through the Crafteeo Services.
  7. Crafteeo performs technical functions necessary to offer the Crafteeo Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Crafteeo Services.

V. Notice and Takedown Procedure for Copyright Complaints

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Crafteeo as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of Crafteeo will comply with applicable copyright laws. However, if Crafteeo receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

VI. Designated Agent

Crafteeo’s Designated Agent to receive notification of alleged infringement under the DMCA is:

How-Lun Chen
4627 Da Vinci St.
San Diego, CA 92130
how-lun.chen@crafteeo.com

Upon receipt of proper notification of claimed infringement, Crafteeo will follow the procedures outlined herein and in the DMCA.

VII. Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Crafteeo’s Registered Agent (listed above) the following information in a written communication (preferably via email):

  1. 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;
  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, and information reasonably sufficient to permit Crafteeo to locate the material;
  3. Information reasonably sufficient to permit Crafteeo to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  4. The following statement: “I 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”;
  5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
  6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

VIII. Counter Notification

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Crafteeo’s Registered Agent (listed above) the following information in a written communication (preferably via email):

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, and telephone number;
  3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Your signature, in physical or electronic form.

Upon receipt of such counter notification, Crafteeo will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Crafteeo will replace the removed material or cease disabling access to it in 10 business days. Crafteeo will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

IX. Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, Crafteeo will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

X. Accommodation of Standard Technical Measures

It is Crafteeo’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Crafteeo determines are reasonable under the circumstances.

XI. Additional Terms Applicable to Crafteeo as Offered by Specific Partners

The following additional terms apply to copies of Crafteeo that are accessed through or downloaded from the Apple App Store (“App Provider”). In the event that you have acquired the Application via the Apple App Store, you agree that,

  1. These Terms are concluded between us, and not with the App Provider. We are responsible for the App (not the App Provider).
  2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
  4. The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
  5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  6. The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  7. You must also comply with any applicable terms of use provided by the App Provider, when using the App.

In the event that you have acquired the Application via the Google Play Store, you agree that,

  1. You may request a refund (if applicable) from the App Provider within 48 hours. The App Provider will refund the purchase price (if applicable) for the App to you.
  2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  3. When you acquire App/Service via the App Provider you are allowed unlimited reinstall of the application. However, should the App be removed from the App Provider’s store, users shall no longer have a right or ability to reinstall affected products.

XII. Indemnification

You agree to indemnify and hold Crafteeo harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your (i) use or misuse of, or access to, the App, Website, or the use of the Services, (ii) violation of the Terms of this agreement, by any person using your account, violates any applicable law or regulation, or the rights of any third party; (iii) your Content; (iv) your (a) interaction with any users, (b) transfer of any item, (c) creation of an item post or (d) the use, condition or suitability of a given item by you, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of request for or use of an item.

Crafteeo retains the right to employ Crafteeo’s own counsel. You remain solely responsible for Crafteeo’s defense and must obtain Crafteeo’s written consent to a settlement. You agree to notify Crafteeo of a pending suit claiming you have violated a third party’s intellectual property or other rights. Crafteeo requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of your Terms of Use.

XIII. Ownership

Crafteeo and the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Website, App, and Services, all characters, stories and artwork displayed on the Services, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Website, App or Services (“Feedback”) is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

XIV. Modification

Crafteeo reserves the right, at its sole discretion, to modify or replace any of these Terms, on the Crafteeo Website / App, by sending you notice through the Website / App, or via email. Crafteeo may also impose limits on certain features and services or restrict access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

XV. Termination

Crafteeo may terminate, change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.

XVI. Disclaimer

You understand and agree that the Website, App and Services are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

XVII. Limitation of Liability

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (3) ANY CONTENT OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

XVIII. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, Crafteeo’s liability will be limited to the fullest extent permitted by applicable law.

XIX. Arbitration

For any dispute you have with Crafteeo, you agree to first contact Crafteeo and attempt to resolve the dispute with us informally. In the unlikely event that Crafteeo has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless you and Crafteeo decide otherwise, arbitration will be conducted in California. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND [COMPANY] ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

XX. Governing Law

These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

XXI. Products Disclaimer

WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES AND CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE FOR PRODUCTS SOLD ON CRAFTEEO. NOTWITHSTANDING THE FOREGOING, WE DO NOT EXCLUDE LIABILITY TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED BY LAW.

WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, USES THAT MAY INTERFERE WITH THE PROPERTY RIGHTS OF OTHERS, GENERAL PRODUCT MODIFICATION, MODIFYING PRODUCT IN ANY WAY THAT IS INHERENTLY DANGEROUS, USING PRODUCT FOR OTHER THAN ITS INTENDED PURPOSE, USING PRODUCT IN ANY MANNER THAT DEVIATES FROM THE PRODUCT INSTRUCTIONS, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website or App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

XXII. Return Policy

  1. We accept returns of physical items only within 30 days of your purchase. In order to receive a refund on your purchase, return any unused portion of the kits or physical products.
  2. For physical products that was sold with digital downloadable products, you will be refunded the cost of the physical product only. To determine your refund amount take the value of your original purchase and subtract the current cost of the digital downloadable product. For instance the Spark Gem Kit + Guardian Helmet Pattern is $14.99, if you want to return Spark Gem Kit, you will be refunded $7.00 since the cost of the Guardian Helmet Patterns is $7.99.
  3. Please email crafters@crafteeo.com to request a return
  4. Once a return has been approved, we will email you a return shipping label for you to print out. Please mail your returned item to:

Crafteeo, LLC
4627 Da Vinci St.
San Diego, CA 92130

  1. Include in your package a copy of your purchase order info.
  2. Some specific types of items cannot be returned. We cannot accept returns for or provide refunds for any digitally downloadable products.
  3. We cannot refund shipping and handling fees that are incurred when you purchased the product.
  4. All return shipping cost will be paid for by Crafteeo.

Questions & Contact Information

Please contact us if you have any questions about our Terms.

Alternatively, Crafteeo can be contacted at:

Crafteeo, LLC
crafters@crafteeo.com

Effective: July 4, 2013