CRICUT ACCESS TERMS OF USE

Transcription

1 CRICUT ACCESS TERMS OF USE THIS IS AN AGREEMENT BETWEEN YOU AND PROVO CRAFT & NOVELTY, INC., (DOING BUSINESS AS CRICUT ) WITH ITS AFFILIATES, ( PROVO CRAFT OR WE ). PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO CRICUT ACCESS (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT- SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE, IN ANY LINK FROM A PRODUCT DETAIL PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THE SERVICE), THE CRICUT.COM PRIVACY POLICY, AND THE CRICUT.COM TERMS OF USE (COLLECTIVELY, THE AGREEMENT ). YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING SUBSCRIBE, CONFIRM PURCHASE OR THEIR EQUIVALENT ON CRICUT.COM. Commercial Terms: Your use of Cricut Access (the Service ) may begin with a free access period to certain content. Complimentary access begins when you register your machine (e.g. Cricut Explore, Cricut Explore Air or Cricut Explore One ) and continues for the period specified in the packaging of your respective machine. At the close of the complimentary access period you will have an opportunity to purchase the Service. If you elect to utilize the annual subscription to the Service your credit card will be charged for the entire year at the time you initiate the subscription. Under the annual and monthly payment plans your subscription will automatically renew at the end of each subscription term unless you take steps to cancel the Service or we terminate it. In either case, access to the Service requires that you have high-speed internet and maintain a valid credit card with Provo Craft (your Payment Method). We will charge the monthly Service fee to your Payment Method. If you wish to cancel the Service, you must do so before it renews each month or year to avoid the charge for the coming month s or year s Service fees to your Payment Method. Provo Craft may elect to offer differing subscription services, including promotional services or memberships with varying terms, conditions and limitations. Different terms from those described in these Terms of Use will be detailed in other communications or documents. The myaccount link provides you details regarding your subscription and account with Provo Craft. We reserve the right to modify, terminate or otherwise amend the Service plans we offer. By purchasing the Service, you authorize us to charge you a monthly or yearly Service fee at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge and understand that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. Provo Craft reserves the right to adjust the price for the Service, or any portion or part, thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following notice to you.

2 The Service fee will be charged at the initiation of your subscription to the Service and each month or year thereafter unless you cancel the Service. We will automatically bill your Payment Method each month or year on the calendar day corresponding to the initiation of your subscription to the Service. We reserve the right to change the timing of the charge to your Payment Method which may occur if we are unable to settle the charge on the scheduled payment date. In the event you initiated the Service on a day not contained in a given month, we may bill your Payment Method on a different day in the applicable month or on such other day as we deem appropriate. For example, if you initiated the Service under the monthly fee option on January 31st, your next payment date is likely to be February 27th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in the Service. Charging shall include the authorization, billing, debit or other payment clearance, as applicable, with respect to your Payment Method. ALL ANNUAL AND/OR MONTHLY PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. If you elect to cancel your Service you will continue to have access to the Service through the end of your current billing period. Any credits or discounts provided by us relative to the Service are done at our sole and absolute discretion. In the event a payment is not settled, due to insufficient funds, expiration, or any other defect with the Payment Method, and you do not change your Payment Method information or cancel your account (see, Cancellation below), your Service may be terminated with or without notice to you. For certain Payment Methods, the issuer of your Payment Method may charge you a certain transactional fees or other charges (such as foreign currency fees). You may cancel your Service at any time, and you will continue to have access to the Service through the end of your billing period (whether annual of monthly). To cancel, go to the myaccount page on the Cricut website and follow the cancellation instructions. Content Terms: 1. THE SERVICE The Service offers digital art content to be used with the Cricut Design Space design software and/or a Cricut machine (collectively, Digital Content ) and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access, design with and cut Digital Content. Cricut Access subscribers will also receive ten percent (10%) off Cricut.com and Cricut Design Space purchases ( Discount ). The Discount may not be applied to the purchase of a Cricut Access subscription or renewals, ios in-app purchases or to the UK shopping site (e.g. The Discount may be combined with Cricut Circle membership discounts. 2. COMPATIBLE MACHINES

3 In order to be able to access and design with Digital Content from the Service, you will need to use a personal computer with either Windows or Mac operating systems, with Cricut Design Space design software installed and a high-speed internet connection. In order to be able to cut Digital Content from the Service, you will need a Cricut machine (e.g. Cricut Explore, Cricut Explore Air or Cricut Explore One machine) a Compatible Machine. The requirements for Compatible Machines may change from time to time and, in some cases, whether a machine is (or remains) a Compatible Machine may depend on software or systems provided or maintained by the machine or components manufacturer or other third parties. As a result, devices that are Compatible Machines at one time may cease to be Compatible Machines in the future. 3. DIGITAL CONTENT a. General. The Service may allow you to: (i) rent Digital Content for access over a limited period of time ( Rental Digital Content ), (ii) purchase Digital Content for access over an indefinite period of time ( Purchased Digital Content ), (iii) access Digital Content on a subscription basis for access over a limited period of time during a subscription period ( Subscription Digital Content ), and (iv) access Digital Content on a free or promotional basis for viewing over a limited period of time ( Free Digital Content ). Digital Content may be available on the Service as Rental Digital Content, Purchased Digital Content, Subscription Digital Content, Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. We reserve the right to, from time to time, add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service. b. Usage Rules. Your use of Digital Content is subject to the following usage rules (the Usage Rules ). (1) You may use, access or sync Rental Digital Content, Subscription Digital Content and Free Digital Content with one Cricut account. (2) You may use the Digital Content for the time period specified by Provo Craft (the Usage Period ). (3) You are authorized to access the Digital Content through your Cricut account only. (4) Your uses of the Digital Content must conform with Provo Craft s Angel Policy as found at: as amended from time to time. (5) Provo Craft may place limitations on the number and type of Compatible Machines on which each type of Digital Content may be downloaded, synced, accessed and used. c. Subscriptions. Our subscription services are dynamic services and the specific Digital Content available and amount of Digital Content available will change over time. While we endeavor to expand the subscription offering, there may be times that a licensing agreement expires, or other circumstances arise, where certain content must be withdrawn from the Digital Content. We make no guarantee as to the availability of specific Digital Content or the minimum amount of Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription. Currently available Digital Content can be found at:

4 d. License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Provo Craft grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Usage Period, to access and use the Digital Content in accordance with the Usage Rules. To simplify your use and management of Digital Content that has a limited Usage Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Cricut account or Compatible Machine after the end of its Usage Period, and you consent to such automatic removal. e. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (i) digitally copy, sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; (ii) remove any proprietary notices or labels on the Digital Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (iv) use the Service or Digital Content for any illegal purpose or commercial purpose not permitted under Provo Craft s Angel Policy. 4. SOFTWARE a. Use of the Cricut Design Space Software. We may make available to you Cricut Design Space and/or Cricut Craft Room software for your use in connection with the Service (the Software ). Terms contained in the Cricut Terms and Conditions apply to your use of the Software and the Service. b. Information Provided to Provo Craft. The Software may provide Provo Craft with data about your Compatible Machine and its interaction with the Service (such as device type and unique device identifiers that allow us to link your Compatible Machine to your Service account). The Software may also provide Provo Craft with information related to the Digital Content you purchase or rent and your use of that Digital Content (such as whether and when you accessed or used the Digital Content, which may, among other things, help us measure the Usage Period for Rental Digital Content). Any information we receive is subject to the Cricut.com privacy notice located at 5. LIMITED TO THE UNITED STATES AND CANADA. Due to restrictions placed on us by our content providers, we are currently only able to make the Service available to customers located in the United States and Canada. We regret that you may not use the Service if you are outside of the United States and Canada. United States refers to the 48 contiguous United States, the District of Columbia, Alaska and Hawaii. 6. ALL RENTALS AND SALES FINAL. All purchases and rentals of Digital Content are final. We do not accept returns of Digital Content.

5 7. ADDITIONAL TERMS a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Provo Craft may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, Provo Craft shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service. b. Modification of Service. Provo Craft does not guarantee uninterrupted access to the Digital Content, and reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you. Provo Craft does not guarantee that all Digital Content will remain available through the Usage Period. c. Amendments. Provo Craft reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes. d. Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Cricut.com or Cricut Terms and Conditions (i) in no event shall our or our software licensors total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase, rent, or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose. e. Contact Information. For communications concerning this Agreement, please write to Cricut.com, Attn: Legal Department, South River Front Parkway, South Jordan, UT Last Updated: January 15, 2016