Terms of Use

ACCCEPTANCE OF TERMS OF USE

Welcome to the website of Spellbinders Paper Arts Co., L.L.C.  ("Spellbinders", "we", “our” or "us").  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.spellbinderspaperarts.com, including any content, functionality and services offered on or through www.spellbinderspaperarts.com (the "Website"), whether as a guest or a registered user.

Please read these Terms of Use and our Privacy Policy carefully before you start to use the Website. Our Privacy Policy is separately found at www.spellbinderspaperarts.com/privacy-policy and incorporated in these Terms by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available for viewing to persons who are at least 13 years of age and who reside in the United States or any of its territories, subject to the following conditions. In order to register as a user of this Website, you must be at least 18 years of age. This Website is available to guests for viewing purposes only who are at least 13 years old and younger than 18 years old, and we will not knowingly collect information from such minor persons.  By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

1. Making all arrangements necessary for you to have access to the Website.
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

No representations are made for the results of this site, its services, products, or materials. Uninterrupted or error-free function of this site is not warranted by Spellbinders, or its suppliers, licensors, or vendors. It is not warranted that defects will be corrected or that the servers are available and free of viruses or other harmful components. Spellbinders  assumes no responsibility for the cost or servicing to repair or correct systems resulting from the use of this site.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

            If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

            In order to register for an account on the Website, you must be 18 years of age or older. By registering with the Website, you represent that you are of legal age to form binding contract with Spellbinders. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, photographs, design work, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Spellbinders, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The artwork posted in the Design Gallery is for personal inspiration only and may not be copied without permission. We appreciate your consideration in showing respect for the artistic rights of the creators of these images and text. A complete list of Spellbinders’ and Copyrights and Trademarks as well as the guidelines governing their use can be found at https://www.spellbinderspaperarts.com/legalnotices/copyrights-trademarks and the terms are incorporated here by reference.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You also must comply with Spellbinders

Angel Policy found at https://www.spellbinderspaperarts.com/legal/angel-policy. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications and otherwise with these Terms of Use.

You must not:

1. Modify copies of any materials from this site.
2. Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
4. Access or use for any commercial purposes, other than those set out in the Angel Policy, any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than as set forth in this section, please address your request to:  customersupport@spellbinders.us.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, including the Copyrights & Trademarks Guidelines and Angel Policy, your right to use the Website will cease immediately and you must, at our option, return, or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Spellbinders. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks and Copyrights

The trademarks of Spellbinders or its affiliates or licensors, include, but are not limited to, the Spellbinders name; the terms Grand Calibur™, Presto Punch™, Wizard™ machines and Impressabilities™, and other terms identified in Spellbinders’ Copyrights & Trademark Guidelines or as otherwise obtained by law; Spellbinders logo and all related names, logos, product and service names, designs and slogans. You shall not use such marks without the prior written permission of Spellbinders. All other names, logos, product, and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
3. To send, knowingly receive, upload, download, use or re-use any material, which does not comply with the Content Standards set out in these Terms of Use.
4. To transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
5. To impersonate or attempt to impersonate Spellbinders an employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Spellbinders or users of the Website or expose them to liability.

Additionally, you agree not to:

1. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
2. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
4. Use any device, software or routine that interferes with the proper working of the Website.
5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
8. Otherwise attempt to interfere with the proper working of the Website.

User Contributions on Site and in Social Media

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features, and permits users to link to the social media platforms owned and maintained by Spellbinders such as on Facebook, Twitter, Google Plus, YouTube, LinkedIn, Instagram, and Pinterest (collectively, "Interactive Services") which allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Website or the social media platforms. All User Contributions must comply with the Content Standards set forth in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose or according to your account settings.

You represent and warrant that:

1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
2. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Spellbinders have full responsibility and liability for such content, including its legality, reliability, accuracy, and appropriateness.

Content Standards: 

User Contributions do not reflect the opinions of Spellbinders, nor does Spellbinders promote them or confirm their accuracy. We do not take decisions on moderating User Contributions lightly, but Spellbinders reserves the right to remove any posts and commentary that does not adhere to our Content Standards and to block anyone who violates them repeatedly.

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not be:

1. Abusive, harassing, stalking, threatening or attacking of others
2. Defamatory, offensive, obscene, indecent, inflammatory, vulgar depicting violence, or otherwise objectionable
3. Hateful in language targeting race/ethnicity, religion, gender, nationality, disability, sexual orientation, age, or political beliefs
4. Promote sexually explicit or pornographic material
5. Fraudulent, deceptive, or misleading in any way
6. Trolling or deliberately disruptive of discussion
7. Violative of any intellectual property rights including but not limited to patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
8. Spamming in nature or cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
9. Solicitous in nature including promotion of commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising
10. Considered link baiting or embedding a link in your post to draw traffic to your own site
11. Impersonate any person, or misrepresent your identity or affiliation with any person or organization
12. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

From time to time Spellbinders may refer to a promotion on one of the social media platforms.  These promotions are in no way sponsored, endorsed or administered by, or associated with any social media platform. Participants are providing information to Spellbinders and not to these social media platforms.

Monitoring and Enforcement; Termination:  

If in Spellbinders’ or sole discretion we find that any User Contributions violate the above Content Standards, we have the right to:

1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Spellbinders.
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SPELLBINDERS, AND ALL AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPELLBINDERS OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SPELLBINDERS, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any User Contribution or other content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail and the most current version of the Act):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Spellbinders to locate the material;
4. information reasonably sufficient to permit Spellbinders to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Spellbinders’ designated Copyright Agent to receive notifications of claimed infringement is Spellbinders Paper Arts Co., LLC, Attention: Merc Petrine, Copyright Agent, at email address mpetrine@spellbinders.us or customersupport@spellbinders.us.  

For clarity, only DMCA notices should go to the Copyright Agent and noted as such; any other feedback, comments, requests for technical support, and other communications should be directed to Spellbinders’ customer service through https://www.spellbinderspaperarts.com/content/contact-us.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice.  If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Contribution, you may send a counter-notice containing the following information to the Copyright Agent:

1. your physical or electronic signature;
2. identification of the User Contribution that has been removed or to which access has been disabled and the location at which the User Contribution appeared before it was removed or disabled;
3. a statement that you have a good faith belief that the User Contribution was removed or disabled as a result of mistake or a misidentification of the User Contribution; and
4. your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Spellbinders may send a copy of the counter-notice to the original complaining party informing that person that Spellbinders may replace the removed User Contribution or cease disabling it in ten (10) business days.  Unless the copyright owner files an action seeking a court order against the provider, member or user who posted the User Contribution, the removed User Contribution may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Spellbinders’ sole discretion.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Spellbinders, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Spellbinders.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out-of-date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy found at https://www.spellbinderspaperarts.com/legal/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Some actions and behavior from our website may be shared with third part apps such as Pinterest, Google, Facebook, etc.

Online Purchases and Other Terms and Conditions

Payments:  All payments to Spellbinders and to open your Account, enter a contest, participate in other Sponsored Activities, or purchase other goods or services must be made using credit card or other means of payment that we may approve from time to time. All payments to Spellbinders or must be made from a payment source on which you are the named account holder. All payments to Spellbinders are not refundable, for any reason, except at our sole discretion.

You agree that Spellbinders is not liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with our Site or any Sponsored Activity. You waive your right to dispute any payment made from your Account and you will personally bear all costs.

Any attempt to defraud our Site through the use of credit cards or other methods of payment, or any failure by you to honor charges or requests for payment, will result in immediate termination of your Account, forfeiture of any prizes which you may have been awarded, and civil and/or criminal prosecution.

In the case of suspected or fraudulent payment, including use of stolen credit card information, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments. We reserve the right to run credit checks on any user on the basis of the information provided to us on registration.

Spellbinders may use third-party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transactions and you irrevocably agree that Spellbinders may give such instructions on your behalf in accordance with your requests as submitted with your order.  You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these Terms of Use and the ESP's terms and conditions then these Terms of Use shall govern.

Our Right to Not Accept Your Order or Cancel Your Purchase:  Spellbinders reserves the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs: the product is not available/in stock (any payments will be refunded); your billing information is not correct or not verifiable; your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; your bank transfer payment is not received within 12 calendar days after acceptance of your order; we have reason to believe you are under 18 years of age; we have reason to believe that you are a reseller; there was an error in the price quote; or we could not deliver to the address provided by you.

Pricing:

(a) Price Changes. The product prices displayed on our Site may be subject to change. Spellbinders reserves the right to change prices without notice. Subject to clause (b) below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.

(b) Pricing Errors. Please note that even though our Site is composed with care, it is possible that the pricing information on our Site contains errors. Spellbinders is not bound by our offer and we reserve the right to cancel your purchase in the event of such error.

Promotions:  Spellbinders offers Sponsored Activities comprised of sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions.  It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine any requirements of you in connection with the applicable sweepstakes, contest or promotion.

Risk of Loss:  All items purchased from Spellbinders are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by our Shipping and Order Policy found at https://www.spellbinderspaperarts.com/shippingpolicy, the terms of which are incorporated here by this reference. Product descriptions found on the Website are not deemed reliable and may not be accurate. We do our best to give you the most accurate information we have available.  Please report any incorrect information to our Customer Service Department.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Creative Submissions

Spellbinders are actively involved in developing products, services, and inventions relating to Paper Crafts, Die Cutting and Paper Cutting.  Often, product concepts similar to ideas from outside sources are already being pursued internally.  We ask that any unsolicited creative submission be protected by trademark, copyright and/or patent law prior to your submission. Submissions lacking trademark, copyright and/or patent protection will become property of Spellbinders. Submissions will not be subject to confidentiality or non-disclosures unless otherwise documented prior to submission or review. Any ideas you disclose will not obligate Spellbinders to refrain from making, using, selling or developing such products, services or inventions that may be competitive with or similar to said disclosed information. No compensation will be due for the submission.

This policy is intended to protect all parties from future misunderstanding in the event current projects are similar to unsolicited submissions.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not, however, establish a link that in a way suggests any form of association, approval, or endorsement on Spellbinders’ part without our express written consent.

This Website may provide certain social media features that enable you to:

1. Link from your own or certain third-party websites to certain content on this Website.
2. Send e-mails or other communications with certain content, or links to certain content, on this Website.
3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as we provide them and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not

1. Establish a link from any website that is not owned by you.
2. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
3. Link to any part of the Website other than the homepage.
4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of this Website is based in the State of Arizona in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SMS:

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPELLBINDERS NOR ANY PERSON ASSOCIATED WITH SPELLBINDERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SPELLBINDERS, NOR ANYONE ASSOCIATED REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SPELLBINDERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL SPELLBINDERS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Spellbinders, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the United States District Court for the District of Arizona, or the courts of the State of Arizona, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of exclusive jurisdiction over you by such Arizona state and federal courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Spellbinders of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spellbinders to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, Privacy Policy, Angel Policy, Shipping & Order Policy, Copyrights & Trademarks Guidelines, and Promotional T&Cs constitute the sole and entire agreement between you and Spellbinders with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Spellbinders 1125 W. Pinnacle Peak Road, Bldg 3, Suite 124, Phoenix, Arizona 85027.

All notices of copyright infringement claims should be sent to the Copyright Agent designated in the Trademarks and Copyrights section of these Terms of Use.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: customersupport@spellbinders.us or through this Website at https://www.spellbinderspaperarts.com/content/contact-us.

Thank you for visiting the Website.

Last Modified: March 18, 2022