Description of the Service
The Service is an automatically renewing subscription-based service that allows you to have access to thousands of ready made images for your Pazzles Creative Cutter®, video tutorials to sharpen your Creative Cutter® skills, and projects/ideas with patterns.
- Offer, Payment and Billing Terms and Conditions
- MANNER OF PAYMENT. Please note that the only accepted method of payment is via credit card (Visa, Mastercard, American Express, Discover and PayPal) using PayPal (http://www.paypal.com) as our payment processor.
- TERM AND AUTOMATIC RENEWAL. The initial subscription term is either one month (monthly), three months (quarterly), six months (semi-yearly), or one year (yearly), depending upon your selection, committing you to a subscription period of the time frame of your selection. Upon expiration of the initial subscription term, your subscription automatically renews every calendar month, three calendar months, six calendar months, or calendar year, depending on the term selected. You are financially responsible for all associated subscription fees until notice of cancellation is received by Pazzles.
- CANCELLATION POLICY
- You may cancel your subscription at any time after your initial registration, unless the offer you have selected specifically does not permit cancellation within a specified time period, subject to any early termination fees you separately agreed to (if any) in accepting a special offer.
- You can cancel your subscription on the Website, by contacting Pazzles’ Customer Service Department (1-866-729-9537) or (firstname.lastname@example.org). Provided you cancel in accordance with this Section 1C, your account will be terminated effective at the end of the then current billing term (one month, three months, six months, or one year). You will still have access to the Service until the end of the then current billing term that you paid through. It is your responsibility to cancel your subscription by contacting Pazzles Customer Service Department.
- PAZZLES OFFERS NO REFUNDS OR PRORATION OF SERVICE EXCEPT WHERE PROHIBITED BY LAW.
- AUTOMATIC RENEWAL TERMS
- BY SUBSCRIBING TO THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY CALENDAR MONTH, QUARTERLY, SEMI-YEARLY, OR CALENDAR YEAR (DEPENDING ON THE SUBSCRIPTION TERM YOU SELECTED) AFTER THE INITIAL SUBSCRIPTION TERM ENDS. YOU HEREBY AUTHORIZE PAZZLES TO CHARGE YOUR PAYPAL/CREDIT CARD/DEBIT CARD ACCOUNT FOR THE RENEWAL TERM WHICH WILL BE ONE CALENDAR MONTH, THREE CALENDAR MONTHS, SIX CALENDAR MONTHS, OR ONE CALENDAR YEAR (DEPENDING ON THE SUBSCRIPTION TERM YOU SELECTED) AT THE THEN CURRENT SUBSCRIPTION FEE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS IN SECTION 1C ABOVE.
- YOUR SAME PAYPAL/CREDIT CARD/DEBIT CARD ACCOUNT THAT YOU USED TO SUBSCRIBE INITIALLY WILL BE AUTOMATICALLY CHARGED ON A MONTHLY, QUARTERLY, SEMI-YEARLY OR YEARLY BASIS DEPENDING ON YOUR SUBSCRIPTION PLAN FOR AS LONG AS YOU RETAIN YOUR SUBSCRIPTION TO THE SERVICE.
- EXCEPT WHERE PROHIBITED BY LAW, FOR ONE MONTH AUTOMATICALLY RENEWING SUBSCRIPTIONS, YOU AGREE THAT PAZZLES IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES INDICATING THAT YOUR PAYPAL/CREDIT CARD/DEBIT CARD ACCOUNT WILL BE OR HAS BEEN CHARGED. FOR THREE MONTH, SIX MONTH, AND ONE YEAR AUTOMATICALLY RENEWING SUBSCRIPTIONS, YOU AGREE THAT PAZZLES IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES, OTHER THAN ONE NOTICE, NO LESS THAN 30 DAYS AND NO MORE THAN 60 DAYS BEFORE THE END OF THE THEN CURRENT THREE MONTH, SIX MONTH OR ONE YEAR SUBSCRIPTION TERM, WHICH INDICATES: A) THE DATE ON WHICH THE RENEWAL WILL BE EFFECTIVE; B) ENOUGH INFORMATION REGARDING THE PAYPAL/CREDIT CARD/DEBIT CARD ACCOUNT BEING CHARGED FOR YOU TO VERIFY THE DETAILS; C) A REMINDER THAT YOU CAN CANCEL AT ANY TIME; D) THE MEANS TO CONTACT PAZZLES IN THE EVENT THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION; E) THE AMOUNT YOUR PAYPAL/CREDIT CARD/DEBIT CARD ACCOUNT WILL BE CHARGED; F) THE LENGTH OF THE SUBSCRIPTION TERM WHICH THE NEW CHARGE ENABLES; G) THE DEADLINE BY WHICH YOU MUST CANCEL TO AVOID ANY CHARGES INCLUDING RENEWAL OF YOUR SUBSCRIPTION; AND H) NOTICE THAT YOUR PAYPAL/CREDIT CARD/DEBIT CARD ACCOUNT WILL BE CHARGED ON THE DAY AFTER THE END OF YOUR THEN CURRENT TERM.
- PAYMENT AND BILLING POLICIES
- If you open any form of subscription account related to the Service, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Pazzles reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms without notice.
- Your right to use the Service is conditional upon Pazzles’ receipt of payment. If payment cannot be charged to your PayPal/credit card/debit card account or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
- The Service
- INTRODUCTION. The Service includes the Craft Room Site, its Database of downloadable Content (images, videos and other content) for use with Pazzles’ CREATIVE CUTTER® paper cutter and Pazzles’ INSPIRATION STUDIO® software, associated software, services, media, printed material, electronic documentation and related methods and techniques.
- ACCESSING INFORMATION. You may access and view the Content made available via the Website on your computer or any other Internet compatible device (collectively referred to as your “Computer”). You may search and browse the Database for the purpose of retrieving Content and visually displaying the Content on your Computer screen or display.
- USING THE INFORMATION. You may copy no more than ten items of the Content per day onto your Computer for the sole purpose of permitting you to use the Content with Pazzles’ CREATIVE CUTTER® paper cutter and Pazzles’ INSPIRATION STUDIO® software (the “Cutting System”) as permitted hereunder. You may use the Content with the Cutting System as permitted under the terms of this Agreement.
- RESTRICTIONS ON USE
The following restrictions shall apply in respect of your rights to access the Database and use the Content:
- Personal Use Only. Except as explicitly provided for herein, you may not reproduce, transfer, publish, assign, distribute, disseminate, sublicense, sell, loan, rent, or otherwise make the Database licensed hereunder, or the Content, or any derivation, revision, or combination thereof, available to any third party.
- Permitted Uses. Subject to the restrictions described under “Prohibited Uses” below, the following are “Permitted Uses” of the Content:
- personal use of the Content using the Cutting System that is consistent with the then applicable Pazzles’ Copyright (Angel) Policy located at http://www.pazzles.net/documents/Pazzles_Copyright_Policy.pdf, including the creation of Permitted Derivative Works. To constitute a “Permitted Derivative Work,” the Content must have been fundamentally modified or transformed sufficiently that it constitutes an original work entitle you to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file; and
- any other uses approved in writing by Pazzles.
- Prohibited Uses. All uses not defined as Permitted Uses are prohibited.
- OTHER RIGHTS. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Pazzles or the supplier of the Content, as the case may be.
- INTELLECTUAL PROPERTY
- You agree to take reasonable precautions to avoid unauthorized access to the Service and the Content. You agree to protect the copyright and/or any other proprietary rights of Pazzles in the Service and the Content, including but not limited to any contractual, statutory and common law rights while you have an account as well as after your account is terminated.
- Derivative Works. Subject to any written Agreement to the contrary, Pazzles and/or its licensors shall have all right, title, interest in and to all Derivative Works (other than Permitted Derivative Works as defined above), translations, adaptations or modifications of the Content made by you or any proceeds derived therefrom, whether or not made in compliance with this Agreement.
- PROHIBITED ACTIVITIES. In connection with your use of the Service, you acknowledge and agree that you will not:
- translate, adapt, modify, decompile, reverse engineer, create Derivative Works (other than Permitted Derivative Works) from, or disassemble any component of the Service, the Website or the Content;
- access the Service by any means other than through the standard industry-accepted or Pazzles-provided or approved interfaces;
- access or use the Service in a manner which disrupts Pazzles, other subscribers, and/or any of Pazzles’ associated networks or equipment forming part of the systems;
- remove, alter, cover or obscure any confidentiality, trade secret, proprietary or copyright notices, trademarks or other proprietary or identifying marks or designs, or designations from any component of the Service or the Content;
- transmit any communication to Pazzles or another subscriber to the Service where the meaning of the message, or its transmission or distribution, would violate any applicable Laws or would likely be offensive to the recipient thereof; or
- access the Service in a manner that is disruptive, damaging, unlawful, offensive or intrusive as determined by Pazzles.
- RELEASE. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER PAZZLES, NOR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS (“RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS’ FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SERVICE. NOTWITHSTANDING THE FOREGOING, IF PAZZLES IS HELD LIABLE UNDER THIS AGREEMENT, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR SUBSCRIPTION. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR WEBSITE (WHETHER OR NOT ASSOCIATED WITH THIS SERVICE), OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Pazzles, Inc., P.O. Box 630, Kuna, ID 83634 (Attention: Subscription Services)
Pazzles may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.