Copyright © 2021 by Crafty. All rights reserved.
Welcome to Crafty! We are glad to have you as part of our service. We are committed to providing you with the best possible value and convenience. Before you get started, you must read and agree to these Terms and Conditions (the “Terms”).
By accessing any Crafty (Craft and Design Limited). website (“Website”), Craft and Design Limited. program or application or by downloading and using any Craft and Design Limited. application, website, download, or file (collectively, the “Crafty Platform”), you agree that you are bound by these Terms and by all applicable laws and regulations. If you do not agree with any of these Terms, you must leave this Website and discontinue use of the Crafty Platform immediately. The materials contained on the Crafty Platform are protected by applicable patent, copyright, and trademark law. This Website includes (a) a Craft and Design Limited. website, (b) all information included on the Crafty Website, and (c) any service, subscription, or files accessible via the Crafty Website (referred to as “Product(s)” or “Crafty Content”). The Crafty Websites, Apps and Programs and any future websites and applications developed by Craft and Design Limited. (“Crafty”). The Crafty Platform includes the Website and all Crafty Apps. To get help with the Crafty Platform, you may email us at [email protected].
You acknowledge and agree that the Crafty Platform is provided under license, and not sold, to you. By downloading, installing, or otherwise accessing the Crafty Platform, you do not acquire any ownership interest in the Crafty Platform, or any other rights thereto other than to use the Crafty Platform in accordance with the license granted, and subject to these Terms. Crafty and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Crafty Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
The Crafty Platform may not be accessible for use in all locations. If you are using the Crafty Platform on behalf of your employer, you represent that your employer has authorized you to accept these Terms on your employer’s behalf. You also represent that your employer agrees to indemnify you and Crafty for a violation of these Terms. You further represent that you are at least 18 years old or, if you are not at least 18, that you will only use the Crafty Platform in conjunction with, and under the supervision of, your parent or guardian.
Crafty’ acceptance of your order or subscription will take place when Crafty emails you to accept it, at which point a contract will come into existence between you and Crafty (referred to as “Contract”). If Crafty is unable to accept your order for any reason, Crafty will inform you of this and will not charge you for the product. Crafty will assign an order number to your order and notify you of the order number upon acceptance of your order.
Crafty has made every effort to display images and colors accurately. The images of the products on the Crafty Platform are for illustrative purposes only and Crafty cannot guarantee that a device's display accurately reflects the Product(s). Your product may vary slightly from those images displayed on the Crafty Platform. Crafty may update or require you to update digital content, provided that the digital content shall always match the description provided to you before you bought it. You further acknowledge that Crafty relies on the contracts, warranties, and/or representations of Crafty Platform users who upload Product(s) (“Contributor”) for license, and that Crafty cannot be responsible to you should a Contributor breach its contract, warranty(ies), and or representation(s) to Crafty. All refunds are at Crafty’ discretion or where required by law.
5.1 – Refund – Product Defect Crafty will make the Product available for download by you as soon as Crafty accepts your order. Crafty offers a thirty (30) day money back guarantee on a Product. If you find a Product is not compatible, corrupt, or is missing on download, Crafty can refund you the price you paid for the Product (referred to as “Crafty Refund Policy”). The Crafty Refund Policy requires that you permit sufficient time to remedy any problem with a Product. Most issues are resolved within seven (7) days and if Crafty cannot resolve your issue with your Product within seven (7) days, Crafty will provide a full refund for the amount you paid for the Product to the payment method you used when purchasing the Product as set for in these Terms.
5.1.1 - Please test your products within the thirty (30) day refund period to ensure satisfaction. After thirty (30) days, Crafty will still make every reasonable attempt to assist you with any problems encountered with the Crafty support policy but are unable to provide a refund.
5.2 – Refund – Satisfaction If you have changed your mind regarding the regular purchase of a non-discounted Crafty Product, Crafty can refund the price you paid for the Product within 30 days if you have not downloaded any files for the Product to your device, as determined in Crafty’ sole discretion. Crafty reserves the right to refuse to provide a refund according to this Section on events/discounts and special offers.
5.3 – Refund – Store Credit If you purchase a Product with store credit, a refund can only be refunded back to your store credit account and not to the original payment method.
5.4 – Refund – Membership A membership payment can be refunded within seven (7) days of the billing charge, as long as none of the member benefits (such as downloading products from our site) have been used since the most recent charge.
5.4.1 If no member benefits have been used, please contact Crafty Customer Service within seven (7) days of the most recent charge, and Crafty will cancel the membership and issue a full refund of the current month's charge only. If member benefits have been used since the monthly billing charge has been assessed by Crafty, the month’s charge would not qualify for a refund.
5.5 – Refund – Duplicate Purchases If you have purchased an individual product which you have already licensed from Crafty, whether as an individual product or as part of a bundle, Crafty can refund the price you paid most recently for the Product within thirty (30) days of purchase. Crafty reserves the right to refuse to provide a refund according to this Section if an individual product was purchased first, and is subsequently included in a bundle, event, or special offer.
Crafty may need certain information from you so that Crafty can supply the Product(s) to you. If so, this will have been stated in the description of the Product(s) on the Crafty Platform. If you do not give Crafty this information within a reasonable time, or if you give Crafty incomplete or incorrect information, Crafty may either a) refund the purchase price of the Product minus a reasonable service fee or (b) make an additional charge of a reasonable sum to compensate Crafty for any extra work that is required as a result. Crafty will not be responsible for supplying the Products late or not supplying any part of the Product(s) if this is caused by you not giving Crafty the information needed.
Crafty may have to suspend the supply of a Product to:
You are encouraged to download a Product as soon as practical after purchase. Crafty may contact you in advance to tell you we will be suspending supply of a Product but cannot guarantee that Crafty will do so. If Crafty has to suspend a Product, you may contact Crafty to receive a refund of the purchase price if the Product has been suspended within thirty (30) days of the purchase of the Product. If Crafty has to suspend a Product in its entirety that requires an ongoing payment or subscription, Crafty will adjust the price so that you do not pay for Product(s) while they are suspended You may contact Crafty to end the contract for a Product that requires an ongoing payment if Crafty suspends it, or tells you Crafty is going to suspend it, in each case for a period of more than fourteen (14) days and Crafty will refund any sums you have paid in advance for the Product in respect of the period after you end the contract. If you do not pay Crafty for a Product when you are supposed to and you still do not make payment within seven (7) days of Crafty reminding you that payment is due, Crafty may suspend supply of the Product(s) until you have paid Crafty the outstanding amount(s). Crafty will contact you to tell you Crafty is suspending supply of the Product(s), but please be advised that a third party payment portal such as PayPal, Braintree, Stripe or others may continue to try and collect outstanding payments due Crafty. Crafty will not charge you for the Product(s) during the period for which it/they are suspended. As well as suspending the products Crafty can also charge you interest as permitted by law on your overdue payments.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how Crafty is performing, when you decide to end the contract, and whether you are a consumer or business customer.
If what you have bought is faulty or mis-described, you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). If you are a consumer, Crafty is under a legal duty to supply Product(s) that are in conformity with this Contract. The Consumer Rights Act 2015 says digital content (for example an svg) must be as described, fit for purpose and of satisfactory quality:
If you want to end the Contract because of something Crafty has done or has told you, Crafty is going to do as set forth below in this paragraph, the Contract will end immediately, and Crafty will refund you in full for any products which have not been provided or made available and you may be entitled to compensation. The reasons are:
If you are a consumer and have just changed your mind about a Product(s), you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. Your right to change your mind under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may not apply in the case of digital content purchased which has been downloaded or if you are not located in the United Kingdom. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Your right as a consumer to change your mind does not apply in respect of:
If you are a consumer, how long you have to change your mind depends on what you purchased and how the Product(s) is delivered. If you have bought digital content for download (for example an svg or a svg pack) you have fourteen (14) days after the day Crafty emails you to confirm Crafty’ acceptance of your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Even if Crafty is not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay Crafty compensation. A contract for digital content is completed when the product is delivered or downloaded and paid for. If you want to end a Contract before it is completed where Crafty is not at fault and you are not a consumer who has changed their mind, just contact Crafty to let us know. The Contract will end immediately, and Crafty will refund any sums paid by you for Product(s) not provided; but Crafty may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs Crafty will incur as a result of your ending the Contract.
To end the Contract with Crafty, notify Crafty of a concern with a Product, ask a question, or leave a comment with Crafty, please let us know by email. You can email Crafty Customer Services at [email protected]. Please provide, if applicable, your name, home address, details of the order and, where available, your phone number and email address.
If you are entitled to a refund under these terms, Crafty will refund you the price you paid for the Product(s), by the method you used for payment subject to these Terms . However, Crafty may make deductions from the price. Crafty will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within fourteen (14) days of you properly telling Crafty you have changed your mind.
Upon Notice, Crafty may end the contract for a Product(s) at any time if:
If Crafty ends the contract in the situations set out above in Paragraph 9, Crafty will refund any money you have paid in advance for Product(s) Crafty has not provided, but Crafty may deduct or charge you reasonable compensation for the net costs Crafty will incur as a result of your breaking the Contract. Crafty may state the withdrawal date on the website or, if Crafty provides you with subscription services, Crafty may write to you to let you know that Crafty is going to stop providing the Product(s). Crafty will let you know in advance of our stopping the supply of the product(s) and will refund any sums you have paid in advance for Product(s) which will not be provided.
The price of the Product, which may include VAT (or its equivalent in other countries, depending on where you are purchasing our Products from), will be the price indicated on the order pages when you placed your order. If the rate of VAT changes between your order date and the date Crafty supplies the Product, Crafty will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect. Crafty take all reasonable care to ensure the price of the Product advised to you is correct. Where the Product's correct price at your order date is less than our stated price at your order date, Crafty will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, Crafty will contact you for your instructions before Crafty accepts your order.
Crafty accepts payment via PayPal or by a third-party online card payment service. Crafty utilizes third-party payment processing and therefore does not have access to your full payment information including but not limited to your credit card information. A single Product payment transaction can only be paid for with one type of payment and cannot be split across multiple payment types (for example – Credit Card cannot be combined with PayPal to pay for a purchase). You must pay for the Product(s) before you download them. If you are a business customer, you must pay all amounts due to Crafty under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If you do not make any payment to Crafty by the due date, Crafty may charge interest to you on the overdue amount at the rate of eight percent (8%) a year above the base lending rate of the Bank of England from time to time or as permitted by law. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If Crafty fails to comply with these terms, Crafty is responsible for loss or damage you suffer that is a foreseeable result of Crafty breaking this Contract or our failing to use reasonable care and skill, but Crafty is not responsible for any loss or damage that is not foreseeable or that cannot be proven was caused by Crafty. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both Crafty and you knew it might happen, for example, if you communicated it with Crafty during the sales process or it is listed in documentation on the Crafty Platform. Crafty does not exclude or limit in any way Crafty liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Crafty’ negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information Crafty provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to Crafty; supplied with reasonable skill and care and, where installed by Crafty, correctly installed; and for defective products under the Consumer Protection Act 1987.
If Product(s) which Crafty supplied damages a device or digital content belonging to you and this is caused by Crafty’ failure to use reasonable care and skill, Crafty will either repair the damage or pay you compensation subject to the limits set forth in these Terms and Conditions. However, Crafty will not be liable for damage which you could have avoided by following Crafty’ advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Crafty is not liable for business losses. If you are a consumer, we only supply the Product(s) for the uses set forth in the Crafty License purchased by you. If you use the products for any commercial, business, or profit purpose (referred to as “Business” or “Business Use”), Crafty’ liability to you will be limited as set forth below. You agree as part of these Terms and Conditions that Crafty’ maximum aggregate liability to you under or in connection to any Contract between you and Crafty will be limited to no more £50.
Crafty is not liable for any business loss. Nothing in these terms shall limit or exclude Crafty liability for:
Subject to Clause listed above:
You hereby indemnify, defend, and hold harmless Crafty against all losses, liabilities, costs, and expenses (including but not limited to legal costs) arising from or incurred by reason of any breach by you of any of the provisions under these terms and conditions.
Crafty provides the materials on the Crafty Platform “as is.” Crafty makes no warranties, expressed or implied, and disclaims all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. Crafty does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on the Crafty Platform. Crafty has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Crafty Platform.
You acknowledge and agree that you should not rely on the Crafty Platform for any reason. You further acknowledge that you are solely responsible for maintaining and protecting all your data, images, and information, even if it is stored, created, retrieved, or otherwise processed by the Crafty Platform. You acknowledge that Crafty makes no representation that (a) the Crafty Platform will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Crafty Platform will be accurate or reliable; or (c) any errors on the Crafty Platform will be corrected. You acknowledge that Crafty takes commercially reasonable efforts to keep the Crafty Platform free of intellectual property violations and that it is your responsible to ensure that you are not violating any intellectual property rights when you create an end product(s). YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR IMAGES THAT RESULTS FROM USING THE Crafty PLATFORM, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION, DATA, OR IMAGE RESULTING FROM COMPUTER VIRUSES.
Whenever you make use of a feature that allows you to upload content to the Crafty Platform, or to make contact with other users of the Crafty Platform, you must comply with the content standards set forth.
You shall not submit to appear on the site any information, comments, images, product reviews, third party URL links or other material whatsoever in any format (“User Submissions”) that may reasonably be deemed to be offensive, illegal, inappropriate, or threatening in any way:
You warrant that any such User Submission does comply with these terms, and you will be liable to us and indemnify Crafty for any breach of that warranty. This means you will be responsible for any loss or damage Crafty suffers as a result of your breach of warranty.
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on any part of the Crafty Platform. You agree that Crafty may, at its sole discretion, choose to display or remove any User Submission or any part of the same that you make on the Crafty Platform.
Any User Submission made to the Crafty Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties. When you upload or post content to the Crafty Platform, you grant Crafty a non-exclusive, perpetual, irrevocable, worldwide license to use the User Submissions for the purpose of performing Crafty’ obligations in these terms and making them available to other users of the Crafty Platform. Crafty also has the right to disclose your identity to any third party who is claiming that any User Submission made to the Crafty Platform constitutes a violation of their intellectual property rights, or of their right to privacy. In the event that you have a dispute with any other user of the Crafty Platform, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
IN NO EVENT SHALL CRAFT AND DESIGN LIMITED, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CRAFTY PLATFORM OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Any claim or cause of action arising out of or related to your use of the Crafty Platform must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
You agree to indemnify and hold Craft and Design Limited and its, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Crafty Platform, your violation of the Terms, or your violation of any rights of another.
By using the Crafty Platform, you agree not to download, upload, post, e-mail or otherwise send or transmit any material that contains 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 associated with the Crafty Platform. You also agree not to interfere with the servers or networks connected to the Crafty Platform or to violate any of the procedures, policies, or regulations of networks connected to the Crafty Platform, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Crafty Platform; (2) conduct yourself in a vulgar, offensive, harassing, or objectionable manner while using the Crafty Platform; (3) use the Crafty Platform for any unlawful purpose; or (4) resell or export any software, promotional image, video, manual, guide, tutorial, or other Crafty generated customer service or educational product associated with the Crafty Platform. Crafty does not promote, recommend, or condone use of the Crafty Platform during activities where there is a significant risk of accident. You agree not to use the Crafty Platform during such activities.
The materials appearing on the Crafty Platform may include technical, typographical, or photographic errors. Crafty does not warrant that any of the materials on the Crafty Platform or in any marketing materials are accurate, complete, or current. Crafty may make changes to the materials contained on the Crafty Platform or in its marketing materials any time without notice. Crafty does not make any commitment to update any of these materials.
Crafty has not reviewed all links that may be posted on the Crafty Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Crafty of the third-party site or endorsement of the Crafty Platform by the third-party link. Use of any such linked website is at the user’s own risk.
Crafty may revise these Terms at any time without notice. By using the Crafty Platform, you are agreeing to be bound by the then-current version of these Terms.
By using the Crafty Platform, you may submit your personal information as set forth in the Crafty Privacy Notice (the “Privacy Notice”), the terms of which are incorporated into these Terms. Subject to the terms of the Privacy Notice, we may need your permission to do certain things that you ask us to do with your information, for example, storing your Personal Information on our servers for access by the Crafty Platform. You agree that we need to do those things solely to provide our services to you, and you give us permission to do so. Further, you acknowledge and understand that if you choose to link the Crafty Platform to any third-party service, for example, Facebook, that service may require you to create an account with the third-party service, and to do so, the third party may require you to provide additional personal information that is outside our control. You agree that you are solely responsible for the content you submit to the Crafty Platform. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms. If any of the content that you use in connection with the Crafty Platform is the protected intellectual property of others, you are responsible and liable for how you use that content. As part of using the Crafty Platform, you acknowledge that Crafty may collect or otherwise have access to information that you provide to any third-party service that you choose to connect to the Crafty Platform. Crafty will not use any of the Personal Information obtained from any such third-party service for any purpose other than to provide you with the Crafty services.
By utilizing the Crafty Platform, you consent to receive electronic communications and notices from Crafty. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are responsible for safeguarding the password that you use to access the Crafty Platform, and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Crafty of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of information to Crafty, it is your responsibility to use a secure encrypted connection to communicate with the Crafty Platform. You are solely responsible for securing and backing up your content.
Crafty and/or its licensors are the sole owners of the Crafty Platform and the Crafty services, which include any software, method of doing business, domains, and content made available through the Crafty Platform. Except as expressly authorized by Crafty, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content of the Crafty Platform. Additionally, you must not modify, decompile, or reverse engineer any of the Crafty Limited Apps, Crafty Limited Websites, and/or Crafty Limited Platforms. and you must not remove or modify any copyright notice, trademark notice, or other notice of ownership.
“Crafty Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that Crafty uses in connection with its products and services. You may not remove, use, or alter any Crafty Trademarks without Crafty’ prior written consent. You acknowledge Crafty’ rights in the Crafty Trademarks and agree that any use of the Crafty Trademarks by you will inure to Crafty’ sole benefit. You agree not to incorporate any Crafty Trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies except as permitted under a properly obtained license from the Crafty Platform. All other trademarks not owned by Crafty that appear in connection with the Crafty Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Crafty.
Unless explicitly stated herein or a License is purchased or given, nothing in these Terms may be construed as conferring any license to intellectual property rights. Permission is granted to display, use, and download Crafty Apps or services on the Crafty Platform provided that: (a) any applicable copyright notice remains on the content; (b) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (c) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the Terms.
We reserve the right to suspend or end the Crafty Platform and/or your Crafty Account or support for the Crafty Platform at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Crafty Platform in any way that would cause us legal liability or disrupt others’ use of the Crafty Platform. If we suspend or terminate your use, we may attempt to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your access immediately without notice.
Crafty will not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, epidemics or pandemics, acts of God, war, terrorism, civil unrest, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. Upon the occurrence of any such event, Crafty will be excused from any further performance of its obligations effected by the event for so long as the event continues, and you will not be entitled to any refund of any fees paid.
These Terms contain your entire agreement with Crafty with respect to the contents of the Terms. These Terms supersede all prior agreements between you and Crafty with respect to such Terms.
Any modifications to these Terms may be made by Crafty and will be posted on the Website or Crafty Platform.
Any claim relating these Terms or Crafty Platform will be governed by, and construed in accordance with, English law and the English courts shall have exclusive jurisdiction to determine all disputes in relation to it.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND CRAFT AND DESIGN LIMITED, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Crafty”) arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms), the Crafty Platform, Crafty’ advertising, or any related transaction SHALL BE SUBMITTED TO THE CHARTERED INSTITUTE OF ARBITRATORS (“CIARB”) OR ANY OTHER ESTABLISHED ALTERNATIVE RESOLUTION PROVIDER (“ARP”) AND SETTLED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE CIARB OR ARP ARBITRATION RULES. EACH PARTY SHALL BE ENTITLED TO APPOINT AN ARBITRATOR AND THE TWO PARTY-APPOINTED ARBITRATORS SHALL THEN APPOINT A THIRD ARBITRATOR. IF EITHER PARTY FAILS TO APPOINT AN ARBITRATOR WITHIN 30 DAYS OF RECEIVING NOTICE OF THE APPOINTMENT OF AN ARBITRATOR BY THE OTHER PARTY, THE CIARB OR ARP SHALL, AT THE REQUEST OF EITHER PARTY, APPOINT AN ARBITRATOR ON BEHALF OF THE DEFAULTING PARTY. IF THE FIRST AND SECOND ARBITRATOR APPOINTED FAIL TO AGREE UPON A THIRD ARBITRATOR WITHIN 30 DAYS OF THE APPOINTMENT OF THE SECOND ARBITRATOR, THE THIRD ARBITRATOR SHALL, AT THE REQUEST OF EITHER PARTY, BE APPOINTED BY THE CIARB OR ARP. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE BETWEEN YOU AND CRAFT AND DESIGN LIMITED. NEITHER YOU NOR CRAFT AND DESIGN LIMITED SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorney fees. However, if any party prevails on a statutory claim that affords the prevailing party attorney fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
If a provision of the Terms is found to be unenforceable, that provision will be rewritten to reflect Crafty’s intention. All remaining provisions of the Terms will remain in effect.
The rights and remedies reserved to Crafty under these Terms are cumulative with, and in addition to, all other remedies provided in law or equity.
The failure of Crafty any time to require your performance of any provision of these Terms will not affect the right to require such performance at any later time. A waiver by Crafty of a breach of any provision of these Terms will not constitute a waiver of any succeeding breach of the same or any other provision. No course of dealing or course of performance may be used to evidence a waiver or limitation of your obligations under these Terms.
he Crafty Platform may be subject to U.K. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, must: (a) obtain any export, re-export, or import authorizations required by U.K., or your local laws; (b) not use the Crafty Platform to design, develop, or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide the Crafty Platform to prohibited countries and entities identified in the U.K. or your local export regulations.
The rights and obligations under the Terms that, by their nature, should survive any termination of your use of the Crafty Platform will remain in full effect after termination or expiration of such use.
Any claim relating to Craft and Design Limited Entities or Craft and Design Limited Platform will be governed by, and construed in accordance with, English law and the English courts shall have exclusive jurisdiction to determine all disputes in relation to it.