Legal


Privacy Policy

This Privacy Policy lets you know what we do with any personal information you share with us through our websites at www.craftwellusa.com and www.ecraftcentral.com, any promotional events, and other places we may collect your personal information, either directly or through our partners or affiliates.

Collection of Personal Information
You can visit our websites without disclosing any personal information. However, some of our customized features may require you to submit certain personal information such as your name, contact information, and demographic information. Such features may include our message board, contacting us and ordering products.

Uses
We keep any personal information you submit confidential. We do not share or sell your personal information to independent third parties. However, we may share your personal information with our partners and affiliates, including our sales agents and distributors in order to serve you better. We may also disclose your personal information if required by law. We may use your personal information to respond to your inquiries and requests for information, improve our products and services, conduct marketing research, improve our content, and inform you about our offers, promotions and any other information we would like to share with you about our products and services. If for any reason you would like to be taken off our email list, call or email us at support@craftwellusa.com or (888) 315-8885 and you email will be removed from our distribution list.

Cookies
We and our service providers may use cookies and other tracking devices on our websites to enhance your use of our websites. Cookies are small files that are placed into your computer’s hard drive by your web browser. Cookies help us store your preferences and track and/or record statistical information about your use of our websites such as which pages you visit and how often and how long you visit them. You may choose to decline cookies by modifying your browser settings. See the Help instructions in your browser to learn more about cookies and how to manage them.

Security
We take protecting your personal information from theft, inappropriate use and improper distribution very seriously. We have firewalls and other security measures in place to minimize the likelihood of the theft, inappropriate use or improper distribution of your personal information. However, because no security system is impenetrable, we cannot guarantee the security of our databases or your personal information. To help protect the security of your personal information, if you create an online account, we recommend that you do not disclose your password to anyone else. You are solely responsible for maintaining the confidentiality of your user account and password and are fully responsible for all activities that occur under your account.

Children’s Privacy
It is against our policy to collect any personal information from users under 13 years of age. If it comes to our knowledge that we have unknowingly collected such information, we will make commercially reasonable efforts to delete such information from our database. If you are under the age of 13, please consult with your parent or guardian before using our websites.

Governing Law and Users Outside of the United States
The laws of the State of New York will exclusively govern the validity, interpretation and enforcement of this Privacy Policy and any claims between us, without regard to conflicts of law principles. Venue for any dispute arising under this Privacy Policy or any claims between us will exclusively be a state or federal court of competent jurisdiction located in Queens, New York. For users residing outside of the United States: We do not represent that this Privacy Policy complies with the laws of any other country. You are responsible for compliance with all applicable laws in your country of residence and consent to the collection and use of your personal information in the United States. Your use of our websites will be deemed to indicate your consent to this Privacy Policy.

Changes
As we continue to improve and add to our products, services and features, we will regularly review and update this Privacy Policy on our website to ensure that we protect your privacy interests. Please regularly visit this page to ensure you are aware of any changes to this Privacy Policy. Your continued use of our websites will be deemed to indicate that you accept this Privacy Policy and all updates.

Inquiries and Feedback
If you have concerns or questions about this Privacy Policy, or have any feedback on any of our products or services, please contact us at support@craftwellusa.com or (888) 315-8885. Any feedback you provide us will be deemed to be non-confidential. We reserve the right to use your feedback without restrictions.

Last updated November 3, 2010.


Terms & Conditions

Welcome to Craftwell’s website(s) at www.craftwellusa.com and/or www.ecraftcentral.com (each, and collectively the “Site(s)”). While we welcome you to use the Sites, your use is contingent upon your agreement to strictly abide by these Terms and Conditions of Use (“Use Agreement”) which governs your use of the Sites. Please read this Use Agreement carefully and use the Sites only if you agree to all of the terms and conditions herein. YOU MUST AGREE TO THESE TERMS AS IS. NO CHANGES, ADDITIONS OR DELETIONS ARE ALLOWED. Craftwell reserves the right to update or modify this Use Agreement at any time without prior notice so please check frequently for updates. Any modification or updates to this Use Agreement will be posted here. IF YOU DO NOT AGREE TO THIS USE AGREEMENT INCLUDING ANY AND ALL UPDATES OR MODIFICATIONS, IMMEDIATELY STOP USE OF THE SITE(S) AS YOUR USE OR CONTINUED USE, WHATEVER THE CASE MAY BE, WILL INDICATE YOUR ACCEPTANCE OF THIS USE AGREEMENT.

This Use Agreement will continue to be in effect unless and until terminated by you or Craftwell as provided herein. Craftwell may terminate this Use Agreement at any time with or without notice to you and may deny you access to the Sites and any of the content on the Sites, if in its sole discretion you are in breach of any term of condition of this Use Agreement. You may terminate this Use Agreement at any time provided that you immediately stop any and all use of the Sites. Upon termination of this Use Agreement for any reason, you must promptly destroy any and all content you downloaded or otherwise obtained from the Sites, and all copies thereof.

Use Restrictions
Except as otherwise expressly provided: (1) all content on the Sites is the sole and exclusive property of Craftwell or its licensors, and is protected by patent, copyright, trademark and other applicable laws; (2) you are not being granted any license or other rights in the Sites or any content on the Sites; (3) you may access the Sites and download and/or access the content on the Sites for your personal non-commercial use only and no right, title or interest in any downloaded content is transferred to you as a result of any such downloading; and (4) you may not reproduce, modify, copy, publish, disseminate, display, transmit, creative derivative works from, sell or otherwise commercially exploit the Sites or any of the content on the Sites.

User Submissions
Craftwell welcomes any comments, feedback or other submissions from you through the Sites. You represent and warrant that your submissions will not violate any third party rights, including but not limited to patent, copyright, trademark and privacy rights, and that your submissions will not contain defamatory, libelous, obscene, unlawful or otherwise inappropriate content. You are and shall remain solely liable for your submissions. You acknowledge and agree that your submissions will become the sole and exclusive property of Craftwell and that you hereby assign to Craftwell all worldwide rights, title and interest in your submissions. Craftwell may disclose, reproduce, distribute and/or use your submissions for any purpose and in any manner whatsoever, and without any compensation or notice to you.

Colors
Craftwell does not represent that any colors displayed on the Sites accurately portray the colors of Craftwell’s products.

Craft Projects
The information on the instruction/project pages is provided by Craftwell as a courtesy to you. Craftwell makes no representations or warranties with respect such projects and disclaims all liability arising from or otherwise related to your undertaking of any such projects, including but not limited to any injury you or anyone else may suffer. You acknowledge and agree that you undertake such projects solely at your own risk.

Third Parties
References on the Sites to any third party, or third party products, services or hyperlinks to a third party website, do not in any way constitute or imply Craftwell’s endorsement of the third party or its products, services or website. Craftwell waives any and all responsibility for the third party, its products, services and website. You acknowledge and agree that if you link to any such third party website, you do so at your own risk.

Site Security
You are strictly prohibited from violating or attempting to violate the security of the Sites and taking any action to disrupt or interfere with Craftwell’s operation of the Sites. Craftwell will investigate and prosecute such activities to the fullest extent permitted by law.

Children’s Use
The Sites are not intended for use by children under 13 years old. If you are under 13 years old, please consult with your parent or guardian before using the Site(s).

Privacy Policy
Maintaining your privacy is important to Craftwell. Please see our Privacy Policy for details.

Indemnification
You agree to defend, indemnify and hold Craftwell and its officers, directors, employees, agents, affiliates, licensors and suppliers, harmless from and against any and all claims, losses, damages, costs and expenses, including but no limited to attorneys' fees, arising from or otherwise related to your use of the Sites.

Disclaimer
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SITES AND ALL OF THE SERVICES, PRODUCTS AND OTHER CONTENT ON THE SITES, ARE PROVIDED "AS IS". CRAFTWELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE SITES OR ANY OF THE SERVICES, PRODUCTS AND OTHER CONTENT ON THE SITES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRAFTWELL DOES NOT WARRANT THAT THE SITE(S) WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THE SITE(S) THAT YOUR USE OF THE SITE(S) IS AT YOUR OWN RISK. SOME STATES MAY NOT PERMIT THE WAIVER OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability
NEITHER CRAFTWELL NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS, WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SECONDARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF CAUSE OR LEGAL THEORY, RESULTING FROM OR OTHERWISE RELATED TO YOUR USE, OR INABILITY TO USE, THE SITE(S), EVEN IF ADVISED OF THE POSSIBILIY OF SUCH DAMAGES. IN ANY EVENT OF LIABILITY, IN NO EVENT WILL CRAFTWELL’S OR ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, AFFILIATES’, LICENSORS’ OR SUPPLIERS’ LIABILTY, REGARDLESS OF CAUSE OR LEGAL THEORY, EXCEED ANY AMOUNT YOU PAID TO CRAFTWELL FOR YOUR USE OF THE SITE(S) DURING THE ONE YEAR PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. SOME STATES MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Governing Law; Users Outside of the United States; General
The laws of the State of New York will exclusively govern the validity, interpretation and enforcement of this Use Agreement and any claim between you and Craftwell, without regard to conflicts of law principles. Venue for any dispute arising under this Use Agreement and any claim between you and Craftwell will exclusively be a state or federal court of competent jurisdiction located in Queens, New York. For users residing outside of the United States: The Sites are maintained and operated from the United States. Craftwell does not represent or warrant that the Sites comply with the laws of any other country. You are responsible for compliance with all applicable laws in your country of residence in connection with your use of the Site(s). This Use Agreement is the complete agreement between you and Craftwell regarding the subject matter herein and supersedes all prior agreements and representations. If any term or condition herein is determined to be unenforceable for any reason, such term or condition shall be revised to the limited extent necessary so it is enforceable and will not affect the validity or enforceability of the other terms or conditions herein. Craftwell’s failure to strictly enforce any of the terms or conditions herein shall not be considered a waiver of any of its rights hereunder.

Last updated November 3, 2010.


Warranty

Limited Warranty and Duration

Craftwell Incorporated (“Craftwell”) warrants that our machines and their related accessories (collectively and individually referred to as "Product(s)") will be free from defects in material and workmanship. This limited warranty will extend for a period of one (1) year from date of purchase for electronic parts, such as motors, wiring, and switches, and thirty (30) days from date of purchase for accessories including platforms, dies, embossing folders, marker adapters, rechargeable batteries, and SD cards. The limited warranty period for all labor will extend for a period of ninety (90) days from date of purchase. This limited warranty applies only to Products purchased from Craftwell, an authorized Craftwell distributor (collectively referred to as “Craftwell Seller”), and purchased and used in the United States. This limited warranty runs exclusively to the initial retail purchaser of the Product and may not be transferred or assigned. This limited warranty gives purchaser specific legal rights. Purchasers may have other legal rights which vary from jurisdiction to jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL PURCHASERS. IN SUCH EVENT, THE TERM OF SUCH IMPLIED WARRANTIES ARE LIMITED TO THE LIMITED WARRANTY PERIOD IDENTIFIED IN THE ABOVE PARAGRAPH. THIS LIMITED WARRANTY IS VOID IF THE LABEL BEARING THE PRODUCT’S SERIAL NUMBER IS REMOVED OR ALTERED. ANY TECHNICAL OR OTHER SUPPORT PROVIDED BY CRAFTWELL IS “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL PURCHASERS.

Exclusive Remedies
Remedies under this limited warranty are limited, at Craftwell’s sole discretion, to replacement or repair of defective Product/parts at Craftwell’s expense. All defective Products/parts replaced under this limited warranty become the property of Craftwell. Craftwell will repair or replace defective Product/parts with new Product/parts, or used Product/parts that are at least functionally equivalent to the replaced Product/parts. If a Product/part is determined not to be defective, Craftwell will return the Product/part to purchaser without replacement or repair. Unless otherwise required by law, this is purchaser’s sole and exclusive remedy for breach of this limited warranty.

Exceptions
Craftwell does not warrant that the Products will meet specific requirements of purchaser or end user or that it will operate error-free or uninterrupted. This limited warranty does not cover Product defects or failure resulting from: (1) improper or unreasonable use or maintenance; (2) failure to follow operating instructions; (3) business or commercial use; (4) accident; (5) improper storage or operating conditions, including, but not limited to, excess moisture, lightning, power surges and connections to improper voltage supply; (6) unauthorized alteration or modification of original condition; (7) inadequate packing or shipping by purchaser; (8) alteration, loss of, damage to, or corruption of stored data; or (9) use with non-Craftwell products that cause damage to the Products.

Limitation of Liability
CRAFTWELL IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES OR LOST SAVINGS, REGARDLESS OF CAUSE OR LEGAL THEORY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT OF LIABILITY, CRAFTWELL’S LIABILITY WILL NOT EXCEED THE AMOUNT OF THE PRICE PAID BY PURCHASER FOR PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL PURCHASERS.

Governing Law and Venue
The laws of the State of New York will govern the validity, interpretation and enforcement of this limited warranty and any claims between the parties, without regard to conflicts of law principles. Venue for any dispute arising under this limited warranty or any claims between the parties will exclusively be a state or federal court of competent jurisdiction located in Queens, New York. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded and will not apply. All claims against Craftwell will be brought within two (2) years from purchaser’s date of purchase, or one (1) year from the date of the occurrence, whichever is shorter.

Obtaining Warranty Service
To obtain warranty service, the purchaser shall contact Craftwell Customer Service at (888) 315-8885 or by visiting www.craftwellusa.com, and adhere to the instructions provided by Craftwell Customer Service. Purchaser shall return or ship the defective Product/parts to Craftwell, freight and all fees, including, but not limited to, duty, tax and freight (“Shipping Fees”), prepaid by purchaser. Purchaser remains responsible for Product/parts while in transit to and from Craftwell. Product/parts shall be accompanied, to the extent possible, by: (1) proof of purchase; (2) Return Merchandise Authorization number (RMA #), which must be clearly displayed on the outside of the shipping carton or a similar package affording an equal degree of protection; and (3) written document with (i) clear explanation of problem, (ii) date of purchase, (iii) name and address of Craftwell Seller, and (iv) model and serial number of Product. Craftwell will ship repaired or replaced Product/parts to purchaser, freight prepaid, unless Product/parts are determined not to be defective by Craftwell, or purchaser is outside of the US, in which case purchaser is responsible for all Shipping Fees. Repair or replacement of Product/part does not extend the original limited warranty period.


Angel Policy

Craftwell Incorporated (“Craftwell”) grants users of designs and images owned by Craftwell or licensed by third parties to Craftwell, and made available to users by Craftwell, (such designs and images hereinafter referred to as “Images”), a limited license to use the Images in users’ personal craft projects, subject to the terms and conditions in this Angel Policy.

All Images are protected under applicable United States and international copyright laws and no right, title or interest in the Images is transferred to user as a result of this Angel Policy.
User may only use Images, and sell or otherwise distribute or make available craft projects incorporating the Image(s) (such project hereinafter referred to as “Project(s)”), as provided herein, except as Craftwell otherwise consents in writing, which consent may be given or denied at Craftwell’s sole discretion.

User may only sell or make available for sale up to three hundred (300) units of a particular Project every calendar year. All Projects may only be produced or copied by hand. Any reproduction of Projects by an automated process is strictly prohibited. User may not modify the Images incorporated in the Projects in any way or use the Images to create logos, trademarks or trade names, or for any advertising, marketing, or other promotional purpose. User may not use any Craftwell trademark, trade name or logo in any manner.

Users shall assume all liability and responsibility for the Projects, including but not limited to, any claim or dispute arising from or otherwise related to the creation, sale or distribution of the Projects. User shall indemnify and hold Craftwell harmless from disputes arising from the creation, sale or distribution of the Projects.

User shall comply with any and all applicable laws and regulations in using the Images, and selling or otherwise distributing or making available the Products, and shall only use the Images in a manner that is non-offensive and suitable for all ages. Whenever possible, User shall conspicuously mark each Project, or any tags and labels for the Project, with the notice “Contains Craftwell Copyrighted Material”.

Craftwell reserves the right to modify or terminate any of the rights granted to user in this Angel Policy at any time, and in its sole discretion. Craftwell will notify users of any such modification or termination, and/or post the same on its website at www.craftwellusa.com. Craftwell also reserves the right to modify or terminate this Angel Policy at any time in its sole discretion, and will post updated copies of this Angel Policy on its web site. It is the user’s responsibility to check Craftwell’s web site for any updates or revisions to this Angel Policy and any modification or termination of any of the rights granted herein.

The laws of the State of New York will govern the validity, interpretation and enforcement of this Angel Policy, without regard to conflicts of law principles. Venue for any dispute arising under this Angel Policy will exclusively be a state or federal court of competent jurisdiction located in Queens, New York.

Last Updated January 2011.