Crafts Americana - Parent Company of Knit Picks, Connecting Threads and The Artist's Club

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS AND OTHER CRAFTS AMERICANA WEB SITES, YOU AGREE TO THESE TERMS AND CONDITIONS.

These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this Web site and do not alter in any way the terms or conditions of any other agreement you may have with Crafts Americana or with its divisions ArtistsClub.com, the Artists Club, ConnectingThreads.com, Connecting Threads, KnitPicks.com, or Knit Picks (the Company) for products, services or otherwise. If you have any question regarding the use of this Web site, please refer first to frequently asked questions of the web site. All other questions or comments about this Web site or its contents should be directed to the Webmaster.

1. About "Cookies"
Crafts Americana uses a feature of your Internet Web browser called a "cookie" to assign a unique identification to your computer. Cookies are files that your Web browser places on your computer's hard drive. The Company creates and then uses these cookie files to track your clicks as you go through our site. The company uses cookies to keep track of items you put into your shopping cart, to tell us whether you have visited us previously, and to help us determine whether you came to our site from a particular Internet link or banner advertisement. Cookies can also be used to help save and retrieve information on past shopping preferences including items placed in your cart but not purchased, which saves you from having to re-enter this information upon every visit to our Web site. Cookies cannot be used by Crafts Americana to retrieve any personal information about you unless you have previously purchased from or registered with our Company. Crafts Americana does not and cannot use cookies to retrieve personal information about you from your computer unless such information was knowingly and willingly provided by you.

You should also be aware that you have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to place items in our shopping carts and participate in other activities on our site. You will still be able to review the merchandise on our site even if you do not accept cookies.

2. Copyright
All Web site materials, including, without limitation, the Company's logo, design, text, graphics, other files, and the selection and arrangement thereof are registered trademarks of the Crafts Americana Group, Inc. © 1999 Crafts Americana Group, Inc. All rights reserved.

You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Web site- including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance- without the prior written permission of the Company is strictly prohibited.

3. Trademarks
The names Crafts Americana, Artist's Club, ArtistsClub.com, Connecting Threads, ConnectingThreads.com, Knit Picks, KnitPicks.com, the Company logo, and the products and services described in this Web site, including without limitation [include any registered or unregistered trademarks], are either trademarks or registered trademarks of the Company and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

4. Software
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Web site is licensed to you by Crafts Americana. The Company shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

5. Interactive Areas
Crafts Americana's Web sites include interactive areas including tip sections, teacher locator sections, painting pal sections, weekly drawing registration or other interactive areas. These (and any other) interactive areas shall be used only for non-commercial purposes. By using any or interactive areas, you agree not to do any of the following:

1) Upload to, distribute or otherwise publish through this Web site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

2) Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;

3) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and

4) Without Company's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

Crafts Americana takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Company is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.

The Company has the right, but not the obligation, to monitor any activity and Content associated with its interactive areas. The company may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Company reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Company also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to cooperate with governmental requests, to protect the Company's systems and customers, or to ensure the integrity and operation of Company's business and systems, Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. The Company's right to disclose any such information shall govern over any terms of the Company's Privacy Policy.

You shall remain solely liable for the Content of any messages or other information you upload or transmit to Company, including the interactive areas of this Web site. You agree to indemnify and hold harmless the Company from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

6. Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Company, or postings on this or other Crafts Americana Web sites, are non-confidential and shall become the sole property of Crafts Americana. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to the Company, including the posting of materials to any interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

7. Linking
You are granted a limited, non-exclusive right to create a hyperlink to this Web site provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without the Company's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing the Company name, trademark, or product names without the Company's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.

The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Web site, or Web sites linking to this Web site. The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Company of the site or any information contained therein.

8. Third Party Content & Services
Company may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. The Company does not monitor nor has any control over any Third Party Content or third party Web sites. Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Company site, you should be aware that Company's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.

9. Export Restrictions
Any software and all underlying information and technology downloaded from the Company Web site (collectively "Company Software") by you ("Licensee") is subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. The Licensee is responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, Licensee agrees and warrants not to export or re-export the Company Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. Licensee further represents and warrants that no U.S. federal agency has suspended, revoked, or denied it export privileges.

10. Warranties
Crafts Americana and its affiliates, the Artists Club, Connecting Threads, KnitPicks, ArtistsClub.com, ConnectingThreads.com, and KnitPicks.com are strictly resellers of third-party manufactured products. The products we resell are in some instances covered by warranties of the these manufacturers. Accordingly Crafts Americana hereby disclaims all warranties express or implied, including without limitation warranties of merchantability and fitness for a particular purpose.

Crafts Americana and its affiliates do accept returns in accordance with its Returns Policy.

11. Disclaimer
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE, INCLUDING WITHOUT LIMITATION, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Company reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

12. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF COMPANY'S WEB SITE EXCEED $5.00 OR THE AMOUNT YOU PAID FOR A PRODUCT, WHICHEVER IS LESS.

13. Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Washington, of the United States of America applicable to agreements made and entirely to be performed within this jurisdiction, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state court in Vancouver, Washington or in federal court in Seattle, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

14. Modification & Amendments
Crafts Americana reserves the right to amend at any time any policies governing this Web site, including these Terms and Conditions and Company's Privacy Policy, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective upon posting. If you do not accept the amended terms, you should cease using this Web site.

15. Termination
Notwithstanding any of these terms and conditions, The Company reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.

16. Questions & Contact Information
General questions or comments about the Company's Web site may be directed to Company's Webmaster. The Artist's Club, ArtistsClub.com, Connecting Threads, ConnectingThreads.com, KnitPicks and KnitPicks.com are divisions of Crafts Americana Group, Inc. The company's offices are located at: 13118 N.E. 4th St., Vancouver, Washington 98684. Offices can be reached at (360) 260-8900 or faxed at (360) 260-8877. To speak with customer service, call 1-800-845-6507 anytime between 5am and 5pm PT Monday through Friday. Via e-mail, contact the Webmaster.

17. Severability
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.