5. Conduct
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of
any person;
- that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a
craftweb.com employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to messages
that are lawful non-deceptive parodies of public figures.);
- that includes personal or identifying information about another person
without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships;
- that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the craftweb.com sites which are not designated for
such purposes; or (2) emailed to craftweb.com users who have requested not to
be contacted about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed
in "services";
- that advertises any illegal services or the sale of any items the sale of
which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by California law;
- that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harrass anyone;
- collect personal data about other users for commercial or unlawful
purposes;
- use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by craftweb.com;
- post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
- post the same item or service in more than one category or
forum; or
- attempt to gain unauthorized access to craftweb.com's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
craftweb.com website.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to
craftweb.com email addresses or through craftweb.com computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in California. Any unauthorized use of craftweb.com computer systems
is a violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. ? 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
7. Limitations on service
You acknowledge that craftweb.com may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that craftweb.com
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
craftweb.com reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that craftweb.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
8. Access to the Service
craftweb.com grants you a limited, revocable, nonexclusive license to
access the Service for your own personal use of the Service, and not to
download (other than page caching) or modify it, or any portion of it, or
any Content made available via the Service (except for your own Content),
without the express written consent of craftweb.com. This license does
not include any collection, aggregation, copying, duplication, display or
derivative use of the Service nor any use of data mining, robots, spiders,
or similar data gathering and extraction tools for any purpose unless
expressly permitted by craftweb.com. A limited exception is provided to
general purpose internet search engines and non-commercial public archives
that use such tools to gather information for the sole purpose of displaying
hyperlinks to the Service, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent and
comply with our robots.txt file. "General purpose internet search engine"
does not include a website or search engine or other service that specializes
in arts and crafts listings or forums or in any subset of listings, or which
is in the business of providing arts and crafts-related online services.
craftweb.com permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of these Terms,
absent express permission granted by craftweb.com to do so. You may also
create a hyperlink to the home page of craftweb.com so long as the
link does not portray craftweb.com, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by
craftweb.com immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from craftweb.com.
9. Termination of service
You agree that craftweb.com, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if craftweb.com believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that craftweb.com shall not be liable
to you or any third-party for any termination or limitation of your access
to the Service. Further, you agree not to attempt to use the Service after
said termination. Sections 2, 4, 6 and 10-16 shall survive termination of
these Terms.
10. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You agree that craftweb.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that craftweb.com is under no obligation to
become involved. In the event that you have a dispute with one or more
other users, you hereby release craftweb.com, its officers, employees, agents
and successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service. If you are a California resident,
you waive California Civil Code Section 1542, which says:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which, if known by him must have materially affected his settlement with the
debtor."
11. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of craftweb.com. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of craftweb.com, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service.
Although craftweb.com does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
craftweb.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant craftweb.com all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
12. Disclaimer of Warranties
YOU AGREE THAT USE OF THE CRAFTWEB.COM SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE CRAFTWEB.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
CRAFTWEB.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CRAFTWEB.COM SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAFTWEB.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
CRAFTWEB.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE CRAFTWEB.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAFTWEB.COM
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE CRAFTWEB.COM SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
13. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL CRAFTWEB.COM BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CRAFTWEB.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE CRAFTWEB.COM SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE CRAFTWEB.COM SITE OR THE SERVICE, FROM
INABILITY TO USE THE CRAFTWEB.COM SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CRAFTWEB.COM SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE CRAFTWEB.COM SITE OR THE SERVICE OR ANY
LINKS ON THE CRAFTWEB.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CRAFTWEB.cOM SITE
OR THE SERVICE OR ANY LINKS ON THE CRAFTWEB.COM SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
14. Indemnity
You agree to indemnify and hold craftweb.com, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the Terms, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
15. General information
The Terms constitute the entire agreement between you and craftweb.com and
govern your use of the Service, superceding any prior agreements between you
and craftweb.com. The Terms and the relationship between you and craftweb.com
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and craftweb.com agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of San Francisco, California. The failure of craftweb.com to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
16. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing the webmaster of craftweb.com. Our failure to act with
respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for craftweb.com to pursue legal action to enforce these
Terms, you will be liable to pay craftweb.com the following amounts as liquidated
damages, which you accept as reasonable estimates of craftweb.com's damages for
the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
craftweb.com one thousand dollars ($1,000) for each such message.
This provision does not apply to messages that are lawful non-deceptive
parodies of public figures.
b. If craftweb.com establishes limits on the frequency with which you may
access the Service, limits or terminates your access to or use of the Service, you
agree to pay craftweb.com one hundred dollars ($100) for each message posted
in excess of such limits or for each day on which you access craftweb.com in
excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to craftweb.com email
addresses or through craftweb.com computer systems, you agree to pay
craftweb.com twenty five dollars ($25) for each such email.
d. If you post messages in violation of these Terms of Use, other than as
described above, you agree to pay craftweb.com one hundred dollars ($100) for
each such message. In its sole discretion, craftweb.com may elect to issue a
warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit
for any purpose any Content (except for your own Content) in violation of these
Terms without craftweb.com's express written permission, you agree to pay craftweb.com
three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay craftweb.com's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other provision of
these Terms, craftweb.com retains the right to seek the remedy of specific performance of
any term contained in these Terms, or a preliminary or permanent injunction against the
breach of any such term or in aid of the exercise of any power granted in these
Terms, or any combination thereof.