1. ACCEPTANCE OF TERMS
ArtsandCraftsCollector.com contains a number of different online services, including a business directory, classified ads, discussion forums and related services, all of which are subject to the following Terms. Simply by using ArtsandCraftsCollector.com you agree to abide by these Terms, which may change at any time, when posted on this site. If you disagree with any of these Terms, you should discontinue your use of ArtsandCraftsCollector.com.
ArtsandCraftsCollector.com may, at its discretion, enforce the Terms through a number of various methods.
2. DESCRIPTIONS AND CONTENT
By using ArtsandCraftsCollector.com, you recognize that all descriptions, photographs, messages, opinions and material of any sort are the responsibility only of the person with whom they originated. In the same manner, you are solely responsible for any descriptions, photographs, messages, opinions and material of any sort that you post on ArtsandCraftsCollector.com. ArtsandCraftsCollector.com cannot be held responsible or liable for any content, including that which is deemed misleading or inaccurate, whether it be on ArtsandCraftsCollector.com or on any web site linked to ArtsandCraftsCollector.com. Each user agrees to assume all risks for any services, products or information obtained through any individual or business contacted via ArtsandCraftsCollector.com. Each user also agrees that ArtsandCraftsCollector.com cannot and is not expected to screen and evaluate any advertisements, business listings or web sites contained on ArtsandCraftsCollector.com or contacted through ArtsandCraftsCollector.com
3. OTHER WEB SITES
By using ArtsandCraftsCollector.com you will find links to other web sites, individuals and businesses with no connection other than access to or through ArtsandCraftsCollector.com. Any personal or business dealings, including shipping, payment, warranties and related matters, are solely between you and said individual or business. The responsibility for evaluating any representations, warranties, conditions or services offered by said individual or business lies completely with you.
By using ArtsandCraftsCollector.com, you agree that neither ArtsandCraftsCollector.com, nor any of its employees, agents, or stockholders and officers in its parent corporation, Wood-Care, Inc., are responsible or liable for any loss you may incur as a result of any dealings between you and any individual or business you encountered through ArtsandCraftsCollector.com.
Furthermore, you agree that ArtsandCraftsCollector.com shall not be responsible for mediating any dispute between you and any individual or business encountered through ArtsandCraftsCollector.com. If a dispute should arise, you agree to release ArtsandCraftsCollector.com, all of its employees, officers, agents, and stockholders in Wood-Care, Inc. from any legal action and from any claims of any kind arising from said dispute, regardless in which state you reside.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is false, deceptive, misleading, deceitful, incorrect or constitutes "bait and switch";
c) that infringes on 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;
d) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
e) that constitutes or contains any form of advertising or solicitation if posted in areas of the ArtsandCraftsCollector.com which are not designated for such purposes; or emailed to ArtsandCraftsCollector.com users who have not indicated in writing that it is permissable to contact them about other services, products or commercial interests;
f) 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;
g) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
h) 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:
i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
j) "stalk" or otherwise harass anyone;
k) collect personal data about other users for commercial or unlawful purposes;
l) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by ArtsandCraftsCollector.com;
m) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
n) attempt to gain unauthorized access to ArtsandCraftsCollector.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 ArtsandCraftsCollector.com website.
6. NO SPAM POLICY
Any unauthorized use of ArtsandCraftsCollector.com computer systems, including sending unsolicited email advertisements to ArtsandCraftsCollector.com email addresses or through ArtsandCraftsCollector.com computer systems, which is expressly prohibited by these Terms, is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. PAID POSTINGS
8. LIMITATIONS ON SERVICE
You acknowledge that ArtsandCraftsCollector.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 ArtsandCraftsCollector.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ArtsandCraftsCollector.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ArtsandCraftsCollector.com
shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. ACCESS TO THE SERVICE
ArtsandCraftsCollector.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) 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 ArtsandCraftsCollector.com. A limited exception to (b) 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 addressesusing 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 classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
ArtsandCraftsCollector.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
ArtsandCraftsCollector.com may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. ArtsandCraftsCollector.com may permit you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'ArtsandCraftsCollector.com' as the source, (d) your use or display does not suggest that ArtsandCraftsCollector.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden ArtsandCraftsCollector.com's systems. ArtsandCraftsCollector.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by ArtsandCraftsCollector.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of 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 ArtsandCraftsCollector.com.
10. TERMINATION OF SERVICE
You agree that ArtsandCraftsCollector.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 ArtsandCraftsCollector.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that ArtsandCraftsCollector.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
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 ArtsandCraftsCollector.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ArtsandCraftsCollector.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 ArtsandCraftsCollector.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 ArtsandCraftsCollector.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 ArtsandCraftsCollector.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 ARTSANDCRAFTSCOLLECTOR.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE ARTSANDCRAFTSCOLLECTOR.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, ARTSANDCRAFTSCOLLECTOR.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ARTSANDCRAFTSCOLLECTOR.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ARTSANDCRAFTSCOLLECTOR.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ARTSANDCRAFTSCOLLECTOR.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ARTSANDCRAFTSCOLLECTOR.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ARTSANDCRAFTSCOLLECTOR.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE ARTSANDCRAFTSCOLLECTOR.COM SITE OR THE SERVICE.
13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ARTSANDCRAFTSCOLLECTOR.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ARTSANDCRAFTSCOLLECTOR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ARTSANDCRAFTSCOLLECTOR.COM SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE ARTSANDCRAFTSCOLLECTOR.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE ARTSANDCRAFTSCOLLECTOR.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ARTSANDCRAFTSCOLLECTOR.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 ARTSANDCRAFTSCOLLECTOR.COM SITE OR THE SERVICE OR ANY LINKS ON THE ARTSANDCRAFTSCOLLECTOR.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ARTSANDCRAFTSCOLLECTOR.COM SITE OR THE SERVICE OR ANY LINKS ON THE ARTSANDCRAFTSCOLLECTOR.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold ArtsandCraftsCollector.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 TOU, 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 ArtsandCraftsCollector.com and govern your use of the Service, superceding any prior agreements between you and ArtsandCraftsCollector.com. The TOU and the relationship between you and ArtsandCraftsCollector.com shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and ArtsandCraftsCollector.com agree to submit to the personal and exclusive jurisdiction of the courts located within Buncombe County, North Carolina. The failure of ArtsandCraftsCollector.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the T.O.U. 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 T.O.U. 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the T.O.U., by flagging the posting(s) by emailing to ArtsandCraftsCollector.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.
Otherwise, you agree to pay ArtsandCraftsCollector.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, ArtsandCraftsCollector.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.
We welcome your questions and comments on this document by sending an email to info@ArtsandCraftsCollector.com.