Creativebug's Terms and Conditions of Use
IMPORTANT – please read everything below carefully before subscribing or registering.
Welcome to the www.creativebug.com network of websites and Applications (the “Site”).
Thank you for your interest in using our services and products. We provide our Registered Users (defined below) with access to our Site, and to a wide array of arts and crafts related multi-media content, including video classes, audio, graphics, photos, text, special features, and digital downloads, and a forum for blogs and postings. We provide access to the Content (defined below) by streaming it over the internet.
THESE TERMS AND CONDITIONS OF USE (“TERMS”) CONTAIN AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND OTHER IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION AND RELATED SECTIONS BELOW.
Our website is provided to you, the user, by Creativebug LLC, a Delaware limited liability company, which is a wholly owned subsidiary of Jo-Ann Stores, LLC. Whenever we use the words “we,”, “our,”, “Creativebug,”, “us,” or “Company,” we are referring to Creativebug, LLC and its parents, subsidiaries, and affiliates.
“Artists” refers to instructors who provide Content for the Site.
“Content” refers to arts and crafts related multi-media content, including video classes, audio, graphics, photos, text, special features, digital downloads and messages, and a forum for blogs and postings.
“Include,” “includes” or “including” means “including, without limitation”.
“License” is described in Section 11.
“Offerings” refers to the services (“Services”) and products (“Products”) offered by us on the Site.
“Payment Methods” refers to VISA, MasterCard, and American Express credit cards, PayPal (in some instances), and future other payment methods.
“Site” means the www.creativebug.com network of websites and mobile applications.
“You” or “Your” refers to individual(s) who either: (a) joins the Site with a free membership to access free Services or contribute Content to the Site; (b) creates an account on the Site; (c) subscribes to the Services (“Subscribers”); (d) purchases a class, video, or other Offering; or (e) browses the Site, even without purchasing or taking any other action. In addition, “you” and “your” includes Artists and others who contribute Content to the Site.
“Users” refers to the individuals described above in subsections (a), (b) and (c) under the heading “You” or “Your”.
2. Binding Agreement
These Terms explain the respective rights and limitations of us, you, and other Users when using the Site, Offerings, and Content.
When you agree to these Terms, subscribe, create an account, register, purchase a class or any Offering, or visit or use our Site: (a) you represent and warrant that the information you provide is complete and accurate, (b) you consent to be bound by, and become a party to this agreement, and (c) you agree to keep your information and payment information with us current.
Please carefully read these Terms. If you do not agree with these Terms or cannot comply with the Terms, then do not use the Site or any Services, and do not purchase a class, subscribe or use any Offerings.
By visiting / browsing our Site, creating an account on our Site, becoming a Subscriber, or purchasing a class or any Offering, it means that you have agreed to these Terms.
3. Dispute Resolution
Our Customer Care team is ready to assist you and address your concerns via email at email@example.com or by phone or text from 9a-6p EST at 330-735-6576 or by email at firstname.lastname@example.org at any time.
For purposes of this Section 3 (Dispute Resolution), "CREATIVEBUG" shall include its parents, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CREATIVEBUG WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If you and Creativebug have a Dispute (defined below) and our customer care team is unable to resolve the concern, you and Creativebug agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a verified Notice to the other party that describes the Dispute. The Notice must include (A) the initiating party's name and contact information (address, telephone number, and email address); (B) sufficient information to enable the other party to identify any transaction at issue; and (C) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation. Your Notice must be sent by email to: email@example.com or by mail to: Jo-Ann Stores, LLC Attn: Legal, 5555 Darrow Road, Hudson, OH 44236. You must personally sign the Notice. Creativebug's Notice must be sent to the most recent contact information we have on file for you. If requested by the party that receives the Notice, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within 60 days after receipt of the Notice (which period can be extended by agreement of the parties), you or Creativebug may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you and we agree that, except as set forth below, all claims, controversies, or disputes between you and Creativebug will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and Creativebug, your access or use of our Website (including claims relating to our advertisements and disclosures, email and mobile SMS/text messages sent by Creativebug, or Creativebug’s collection or use of your information) or any Offerings offered by or purchased from Creativebug through our Site, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute").
BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH CREATIVEBUG IN A COURT OF LAW OR BEFORE A JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party's individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
We agree that the arbitration will be administered by the American Arbitration Association ("AAA"), adr.org. If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section. To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or Creativebug must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation, along with a certification that you or we are party to this Dispute Resolution Section and completed the information dispute resolution process referenced above to: Jo-Ann Stores, LLC Attn: Legal, 5555 Darrow Road, Hudson, OH 44236 or to the most recent address we have on file for you, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration.
The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law, or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. You and a Creativebug representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator. Notwithstanding anything to the contrary, Creativebug will pay all fees and costs that we are required by law to pay.
AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS IN ARBITRATION AND LITIGATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW.
A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section 3 (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
Special Additional Procedures for Mass Arbitration: If 25 or more similar claims are asserted against Creativebug by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and counsel for Creativebug will each select 10 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial 20 proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and Creativebug shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side will select 20 cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than 40 claims remaining, all will proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the 40 proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and Creativebug shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with 100 cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, Creativebug agrees to participate in a global mediation session if your counsel requests it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Creativebug. If a court of competent jurisdiction declines to enforce these "Special Additional Procedures for Mass Arbitration," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
If Creativebug makes any future change to the arbitration provisions of this Section 3 (Dispute Resolution) (other than a change to the notice email/address), you may reject any such change by sending Creativebug a personally signed, written notice of your decision to opt out of those changes via email to firstname.lastname@example.org. This notice must be sent within 30 days of the change and include: (A) your full name; (B) your mailing address; (C) your phone number; (D) if applicable, the email address associated with your account; and (E) when and how you interacted with Creativebug. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provision. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
4. Governing Law and Venue
Other than as expressly stated herein, the law applicable to the interpretation and construction of these Terms and any Offering using or related to the Site shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Ohio, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all Disputes, will be governed by the laws of the United States and by the laws of the State of Ohio.
Unless you and Creativebug agree otherwise, to the fullest extent permitted by law, the state and federal courts in Summit County, Ohio, will have exclusive jurisdiction over any Disputes (except for those brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Dispute Resolution Section or any of its provisions. You and Creativebug consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.
We reserve the right, in our sole discretion, to change these Terms at any time, effective 10 days after posting of the revised Terms on the Site. Except as otherwise provided, your continued use of the Site or any Offerings after such posting or notification means you accept all revisions. If you do not agree to the revised Terms, you must terminate this agreement pursuant to the termination provisions below, and discontinue your use of this Site and all Offerings. Except solely as provided in this paragraph and the severability provision of these Terms, these Terms may not be changed without the handwritten (non-electronic) signature of an authorized person at Creativebug.
6. Billing and Payment Methods
By starting your Creativebug subscription, or purchasing a class or other Offering, you expressly authorize us to charge the applicable Offering price, or subscription fee, at the then-current rate, plus any applicable taxes, plus any other charges you may incur in connection with your use of the Services or purchase of Products. These amounts will be charged to the Payment Method you provide. All prices are listed in U.S. dollars and are valid until changed by us. We reserve the right to validate all payment tenders made to us. Subscriptions (including gift subscriptions) will activate on the date of purchase. The subscription period begins on that date.
Billing is automatic and recurring for subscriptions and gift subscriptions. We will bill your Payment Method for such amounts:
- At the end of the free trial period of your subscription, unless you cancel before the end of the free trial period (See Section 8 for how to cancel);
- At the beginning of your subscription or gift subscription; and
- At the beginning of each subsequent corresponding subscription or gift subscription period thereafter, unless and until you cancel your subscription before such renewal (See Section 8 for how to cancel).
Automatic billing does not occur for non-renewing subscriptions and non-renewing gift subscriptions.
Discounts, rebates or other special offers are only valid for the initial subscription period; subscriptions renew at the then-current full subscription rate.
You must have a valid Payment Method to purchase a class or other Offering, subscribe to our Services or purchase a gift subscription. We reserve the right to change the Payment Methods we accept at any time without notice.
If you want to use a different Payment Method, or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by logging on to your account and clicking on the Account Profile icon, then selecting the Account menu available at the top of the pages of the Site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your Account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. (See Section 8 for how to cancel).
If we are unable to process a payment using your selected Payment Method, we may, but are under no obligation to, call or email you to ask whether you wish to use an alternate Payment Method. We may refuse to provide a class, terminate your Subscription, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your Payment Method and you do not provide an alternate Payment Method. If payment is not successful for whatever reason, you remain responsible to us for any unpaid amounts. You agree to reimburse us for any and all costs incurred in collecting amounts owed by you to us or any of our suppliers, or incurred by us in collecting any payment, including attorneys’ fees and costs of collection agencies.
7. Subscription Fees and Discounts
Subscription fees and charges for both standard automatically renewing and non-renewing subscriptions and gift subscriptions are fully earned upon payment. Unused subscription fees are non-refundable.
If an existing Subscriber receives either a non-renewing subscription or non-renewing gift subscription, we will either (a) credit the value of the non-renewing subscription or non-renewing gift subscription toward the Subscriber’s renewal subscription or gift subscription payment obligations, if the non-renewing subscription or gift subscription period is shorter than the Subscriber’s existing subscription or gift subscription, or (b) commence the non-renewing subscription or gift subscription after the termination of the Subscriber’s existing subscription or gift subscription, if the non-renewing subscription or gift subscription period is longer than the Subscriber’s existing subscription.
Gift subscriptions have no exchange, cash or surrender value. Each Subscriber’s License (as described in Section 11) is expressly conditioned upon timely payment of all applicable subscription fees.
At any time, and for any reason, we may provide a refund, discount, bonus, or other consideration to some or all of our Subscribers (“considerations”). The amount and form of such considerations, and the decision to provide them (or not), is at our sole and absolute discretion. The provision of considerations in one instance does not entitle you to considerations in the future for similar instances, nor does it obligate us to provide considerations in the future, under any circumstance.
Additional charges for Services may include gift subscription purchases you make, or changes in subscription plans. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least 30 days’ advance notice of these changes by email. Such notices to you shall be deemed to have been given upon transmission.
8. Subscription Plans; Class Credits; Video (Class) Sales
We offer monthly recurring subscriptions, a 12-month recurring subscription, and 12-month recurring and non-recurring gift subscriptions, and a la carte class sales. Currently, there are two subscription types: Unlimited, and Unlimited Plus. An Unlimited Subscriber receives full access to all classes on the Site. An Unlimited Plus subscriber receives full access to all classes on the Site and one Class Credit per month. We also may, but are not promising to, offer trial periods, special promotional plans, bundled plans, premium services with respect to one or more types or categories of Content, and subscriptions with different limitations.
We reserve the right to modify, terminate or otherwise amend our subscription plans at any time without prior notice.
Recipients of gift subscriptions will receive a welcome email from us notifying them of their gift. Subscriptions (including gift subscriptions) will activate on the date of purchase. The subscription period begins on that date. To view the specific details of your subscription, visit the Site and click on the Account Profile icon to view your Membership Plan information.
How to Cancel Your Subscription: You can cancel your subscription from creativebug.com anytime by logging in and choosing Account Profile icon from the top right side of the navigation menu, then selecting “Edit Profile” and then “Cancel” under Billing & Information. These Terms survive the cancellation or termination of your subscription.
Class Credits – Unlimited Plus Subscribers. Class Credits are an added Unlimited Plus Subscriber benefit which can be redeemed to add classes to a User’s Library. Each credit allows the addition of a single class to the Library. Access to classes within a User’s Library does not expire, and Users will continue to have access to the classes in their Library even after they are no longer active Unlimited Plus Subscribers.
Unlimited Plus Subscribers with active subscriptions will receive one Class Credit at the time of the initial subscription purchase, and one additional Class Credit with each monthly renewal charge. Subscribers in a free trial period will not earn a Class Credit until the free trial has ended and an initial payment of a paid subscription has been made. Class Credits received but not yet redeemed will be displayed in a user’s profile next to the My Classes tab.
A User must have an active subscription to redeem Class Credits. If a User’s subscription has expired and the User has Class Credits remaining, the User must reactivate their subscription within six months in order to redeem Class Credits. With the reactivation of a subscription, the User will also receive one additional Class Credit that can be redeemed at any time through the duration of a paid subscription.
Class Credits may be redeemed through the Site. Class Credits cannot be redeemed through mobile applications. Once a Class has been added to the Library, that class may not be exchanged for a different class. Once a Class has been added to the Library it may not be credited for a future Class Credit.
We reserve the right to modify, terminate or otherwise amend the offering of class credits at any time without prior notice.
Class Credits – 12-Month Unlimited Plus and Unlimited Plus Subscriptions. Recipients and purchasers of 12-month recurring subscriptions and gift subscriptions will receive all eligible Class Credits when the recurring subscription or gift subscription is added to an active subscription account. For example, when a 12-month subscription is added to an account, the subscriber will receive 12 Class Credits. No additional Class Credits will be given for the duration of the recurring subscription or gift subscription, until the next renewal payment is received.
Video Class Sales
When available, Users may buy video classes either separately or bundled. To order a video class, you will need to follow the ordering procedures on the Site. Pricing details for video classes and the procedures for payment and delivery are displayed on the Site. Prices are subject to change without notice.
We may refuse any order placed by you for any reason. When your video class purchase is completed, we will confirm acceptance to you by online electronic means to your provided email address. For any issues that you experience with a video class purchase, you may contact our customer service team at email@example.com.
If you are not satisfied with your video class purchase, you may request a refund within 30 days after purchase. Refunds will be issued for the full amount paid for a video class, in the original form of payment used to purchase a video class.
9. Account Creation
To be a Subscriber or to create an account on the Site, you must: (a) be at least 18 years old; (b) apply online through our Site by providing complete and accurate information; (c) reside in the United States of America (including its territories), or anywhere else in the world not prohibited by U.S. export regulations or other applicable law (“Territory”); and (d) comply with these Terms. Subscribers must also pay the applicable subscription fees. While you are a Subscriber or have an account, you represent and warrant to us that you meet each of the foregoing requirements, and that you have read, understood and agree to abide by this agreement.
In order to become a Subscriber, you will need to create an account by registering with us online and then logging into the Site. In creating an account, you must provide us with a unique email address, username and password, along with other accurate and complete information, as prompted in the registration form. You shall be solely responsible for the use of your username and password, including their safekeeping so they are not disclosed to or used by any unauthorized third party. Login credentials are non-transferable.
Each Subscriber must also establish a user profile that will be publicly displayed and will identify you to other Users (“Profile”). Your Profile must, at a minimum, include a username of your choice and a profile picture (which may be a photograph or image provided by you, or a default option provided by Creativebug). You may also, at your election, display on your Profile other information which you wish to make public, such as a profile description prepared by you, links to your website, blog, X (formerly Twitter) feed, Facebook page or other online presence, your interests (e.g., knitting, jewelry, painting), and other content created by you and submitted to Creativebug in connection with your use of the Site and your participation in classes, including video or written content, images, information and other materials (collectively, “User Submissions”). Creativebug does not guarantee any confidentiality with respect to any User Submissions, whether or not User Submissions are published. We discuss User Submissions more fully in the Section titled “User Submissions and User Conduct.”
You must promptly notify us if any of your account information changes. If you fail to provide or update such information, we may suspend or terminate your subscription or account, and we may not be able to contact you to provide information in which you may be interested.
We reserve the right to deny you and others access to the Site, refuse service, suspend or terminate accounts, remove or edit Content, or cancel orders at any time, either temporarily or permanently, for any reason in our sole discretion, including our determination that you have failed to abide by this agreement or appear likely to violate this agreement. By granting you access at any time, we do not obligate ourselves to maintain the Site in any form, and we expressly reserve the right to modify, suspend, or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close the Site and delete any files which you may maintain at the Site and any information which you may choose to post. You should keep a copy of any material which you post to or maintain at the Site because we will not undertake to retain copies of any material which we or others may delete from the Site.
The Creativebug mobile application (“app”) allows you to access certain materials and functionality available on the Site through a tablet or mobile device. We reserve the right to withdraw or amend any app at any time for any reason. You acknowledge that the terms of the contract with your mobile network provider will continue to apply when using an app. You acknowledge you may be charged by your mobile network provider for access to mobile network connection services while accessing an app or any such third-party charges as may arise, and you accept responsibility for any such charges that arise. If you are not responsible for the bill payment of the service for the mobile telephone or handheld device being used to access an app, you will also be assumed to have received permission to access the app from the responsible party.
To use a mobile app, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications that are specified within the app. Creativebug does not accept any responsibility for the unavailability of any app, or any difficulty or inability to download or access content or any other communication system failure that may result in an app being unavailable. Creativebug will not be responsible for any support or maintenance for apps.
10. Electronic Communications
When you visit our Site or email us, you are communicating with us electronically. You consent to receive communications from us electronically, either by email or notices we post on our Site, and if necessary, by regular mail or telephone. You agree that any agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communications be in writing.
So long as you continue to meet all of the subscription requirements, we grant to you a limited, non-exclusive, personal, non-sublicensable, non-transferable and revocable license to access and use the Site and Services as follows: (a) only for you to view Content on only one computer or personal device at the same time; and (b) solely for your non-commercial, personal or household use (“License”). Except for this limited License, no right, title or interest in the Site or in the Content is provided to you.
Your License extends only during your subscription period. If you are an Artist, these Terms incorporate by reference the separate Artist Agreement between you and us, and your License term extends only during the period specified therein. By posting or providing to us any Content on the Site, you grant to us a non-exclusive, perpetual, paid-up, royalty-free worldwide, license to use (including copying, sublicensing, creating derivative works of, and performing publicly) your Content on the Site and in any other media.
The License will enable you to view, select, stream and access Content via the Services in accordance with these Terms during your subscription. Not all Content may be available for all purposes or at all times. Access to certain Content may depend, among other things, upon your geographic location (i.e. you will not be permitted to access Content from outside the Territory), whether you are able to maintain an internet connection, and available bandwidth and equipment used to access the Services.
By granting you access to the Site or Services, we do not transfer ownership to any portion of the Content. Any unauthorized copying, re-transmission, display, performance, or distribution of the Site, Content or any portion thereof, and any material breach or violation of these Terms, automatically terminates the License, obligates you to cease all use of the Service, and may constitute copyright infringement. We and our licensors reserve all rights not expressly granted in and to the Service and the Content.
Except as provided in the License, and except for your own Content that you authored and uploaded to the Site, you may not download or copy (other than through page caching necessary for personal use), or distribute, transmit, display, perform publicly, publish, upload, edit, post, link to, frame, transmit, rent, lease, lend, sublicense, modify, create derivative works of, or offer for sale, in whole or in part, any Content, advertisements, or other information contained on, or obtained from or through, the Site. Without limiting the generality of the foregoing, you may not distribute any part of these Services over any network, including a local area network, nor sell or offer it or them for sale.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Site or on any portion of it. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or any copyright or trademark notices on any Content. Any unauthorized use of the Site, any Services or any Content or any other content (e.g., promotional materials) will automatically and without notice terminate the limited License and will result in the cancellation of your subscription. You may not decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software or digital rights management feature on the Site into a readable form in order to examine the construction of such software or to copy or create other competitive products or materials based in whole or in part on such software or any feature of the Site or Services or Content, or intercept or record network communications between the Site and us.
In no event shall any Content, Artist submissions or User Submissions be used for any website or publication of any sort which is competitive with the Site. For the sake of clarity, a website or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Creativebug or the Site.
We and our partners may suspend or terminate your subscription and access to the Site immediately if we reasonably determine that you, or anyone for whom you are responsible, are in violation of the Terms, or if we receive information that you no longer meet the Subscriber requirements. In such event, you must cease all use of the Services. The suspension or termination of your subscription is in addition to, and not in lieu of, any rights and remedies available to us under the Terms or under applicable laws.
13. Service Updates and Software
At various times, we may choose to make available updates, bug fixes, enhancements or other changes to the Services or Site (“Service Updates”). Service Updates may be: (a) automatic, such as in connection with general network changes and additional features or updates to data required by the Service; (b) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; or (c) mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Site and use the Services.
We do not monitor or control the nature of the available Content. You are solely responsible for your interactions with Artists, other Content providers, and other users of the Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Services, remove, edit, or take any other action to restrict access to or the availability of any material that we or a user of the Services may consider to be unlawful, obscene, lewd, lascivious, filthy, violent, harassing, threatening, demeaning, offensive, invasive of privacy, or otherwise objectionable. All prices, features, specifications, Offerings, and Content are subject to change or discontinuance at any time without prior notice. Special Service offerings and promotions displayed on the Site are considered no longer valid after they are removed from the Site.
15. User Submissions and User Conduct
By posting, storing, transmitting or sending to us any User Submissions (including your profile information), you hereby grant us and our successors and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, paid-up, sub-licensable right to use, modify, and exercise the copyrights, patents, privacy and publicity rights, database rights, trade secret rights, and other rights to and in such Submissions, in any media now known or created in the future, and to display your User Submissions throughout the world in any media, for any purpose whatsoever, including developing, manufacturing, providing, or promoting new products or services using such information and User Submissions, whether alone or combined with anyone else’s Content. To the maximum extent permitted under applicable law, you hereby irrevocably waive any claims based on moral rights, if any, to such User Submissions.
You represent, warrant and agree that: (a) you own or have all necessary rights in and to all Subscriber Content and User Submissions to use and to allow Creativebug to use as described in this agreement such materials (including their respective patent, trademark, trade secret, copyright, moral, or other proprietary rights); (b) the User Submissions do not contain any virus or malware, including any trap or back doors, time bombs, spyware, or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and (c) use of the Submissions you supply does not violate these Terms, or the rights of any third party, and will not negligently or willfully cause injury to any person or entity.
Without limiting the foregoing, you agree that you will not:
- attempt to use another user’s account, impersonate another person or entity (e.g., pretexting or spoofing);
- attempt to or actually disrupt, interfere with, or damage the Site or any Service or any web sites linked to our Site, including by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or other methods or technology;
- publish falsehoods or misrepresentations that could damage Creativebug or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law;
- impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store, collect, or make publicly available on or through the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers;
- solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
- intimidate or harass another person;
- attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access or otherwise restricted to you;
- collect, manually or through automated processes, information about other users or other information relating to the Site or the Services;
- use any meta tags or other “hidden text” using our name, trademarks, service marks, or trade dress, or those of permitted suppliers or other sponsors of web pages or Services, or Products on the Site;
- link (including “deep linking”) to the Site without our prior express written permission specifying you by name;
- engage in any activity that interferes with a third party’s ability to use or enjoy the Site or Services;
- use or attempt to use another’s account, service or system without authorization from us or create a false identity on the Site;
- upload, post, transmit, share, store or otherwise make available content that restricts or inhibits any other person from using or enjoying the Site, or which may expose us, the Site, or other Subscribers to any harm or liability of any type;
- place or attempt to place unreasonable or disproportionately large loads on the Site or Service infrastructure; or
- assist any third party in engaging in an activity prohibited by these Terms.
Please act responsibly when using the Services. You may only use the Services, Site, and Content for lawful purposes and in accordance with applicable law. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and civil liability.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Creativebug with respect thereto.
You acknowledge and agree that neither we nor any of our licensees, Artists, sponsors, suppliers, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyrights or other rights in and to any User Submissions, and that Creativebug and its licensees, Artists, sponsors, suppliers, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any User Submissions submitted.
To the fullest extent permitted by applicable laws, we exclude and disclaim all responsibility and liability for any User Submissions, and for any losses or expenses resulting from their use or appearance on the Site or elsewhere. We reserve the right, but have no obligation, to monitor User Submissions and to remove any that we consider in our sole discretion to be offensive or otherwise in breach of these Terms or in violation of general community standards and notions of decency.
16. Hyperlinks to and from Third-Party Sites
You are not permitted to link to the Site from any third-party site. The Site may link you to other sites on the internet including sites owned or controlled by our sponsors. These may include links to third-party retailers of class materials for the convenience of Subscribers. Third-party sites may contain information or material that some people may find inappropriate or offensive. All third-party sites may have their own, different privacy policies. Such other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, whether or not such sites are affiliated in any way with us or our partners. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.
17. Intellectual Property
In your use of our Site or Services, you must not:
- infringe, misappropriate or violate any patent, trademark, trade secret, copyright, right of publicity or other right of anyone;
- violate these Terms, including Section 11, Section 12 and Section 18;
- submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Creativebug all of the license rights granted herein.
18. Copyrights, Trademarks, Ownership of Data
All Offerings and Content, and all software used on or by the Site and any compilations and derivatives thereof (including text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, and code), and all intellectual property rights related to the forgoing, are the exclusive property of Creativebug, or its respective content suppliers, and is protected by United States copyright laws. Except as otherwise expressly provided in these Terms, nothing contained on the Site grants, by implication, estoppel or otherwise, any license or right to you to use any of the Content or any other copyrighted works displayed or contained in the Site. Any use is prohibited and unauthorized.
Trademarks. CREATIVEBUG®, the Creativebug logo, AIRCRAFT® and the expression WHAT WILL YOU MAKE TODAY?℠ are trademarks or service marks owned by Creativebug. All page headers, custom graphics, button icons, and scripts, are trademarks, trade dress, or service marks of Creativebug. You hereby acknowledge that any use by you of such trademarks, trade dress, or service marks is for the sole benefit of Creativebug, and all goodwill generated by such use shall inure to our sole benefit. All other trademarks, trade names, service marks and the like that appear on the Site, Service or Products are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks.
You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Creativebug or third parties. You may not purchase search terms or use any meta tags or any other “hidden text” using the Creativebug name or trademarks.
You agree to defend, indemnify and hold us, our shareholders, directors, officers, employees, agents, affiliates, suppliers, artists, partners, service providers and licensors (“Indemnified Persons”) harmless from any claim, demand, damage, loss, or expense, including costs and attorneys’ fees, made by any third party due to or arising out of: (a) your access to or use of the Site, Content, or Services; (b) any of your User Submissions or Subscriber Content; (c) the violation of these Terms by you; or (d) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (all of the foregoing (a) through (d) referred to as a “Claim”). If you are obligated to provide indemnification, the involved Indemnified Person may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without the prior written consent of the respective Indemnified Persons.
20. DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR SITE AND THE INFORMATION, CONTENT, OFFERINGS, MATERIALS AND PRODUCTS INCLUDED ON OUR SITE.
WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT.
OUR SITE IS OPERATED ON AN “AS IS," AND “AS AVAILABLE,” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, OR THE OFFERINGS, CONTENT, INFORMATION, OR MATERIALS AVAILABLE ON OR THROUGH THE SITE, ITS SERVERS, OR EMAIL WILL: (a) BE UN-INTERRUPTED, (b) BE FREE OF DEFECTS, VIRUSES, INACCURACIES, ERRORS, OR OTHER HARMFUL COMPONENTS, (c) MEET YOUR REQUIREMENTS OR SATISFACTION, (d) BE SECURE FROM HACKERS OR OTHER UNAUTHORIZED PERSONS; OR (e) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE THAT YOU USE.
You expressly agree that your use of our Site and Offerings is at your sole risk.
21. Third Party Services
We are not responsible in any way for any transactions between you and any third-party provider of products, services, or content. Any third-party content, links, products, services, resources, or information that we provide on or make available through the site or services, including those available through third-party websites, links, advertising or advertisements, are not controlled by us.
WE MAKE NO WARRANTIES REGARDING THIRD PARTIES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND COMPLIANCE WITH APPLICABLE LAW.
You expressly agree that we (and our shareholders, directors, officers, employees, agents, affiliates, suppliers, artists, partners, service providers and licensors) will not be liable for, and you waive any claims arising out of, your use of or reliance on such third-party products, services, resources, or information.
Notice: patent: http://www.35usc287.com/mobile
We have the right in our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your subscription(s) or your access to the Site or Services. Such reasons may include: (a) your breach of any part of these Terms, (b) your violation of the rights of any third party or of law, (c) the invalidity or suspension of your Payment Method, (d) your exceeding your credit card limit or balance, or (e) “chargeback” of a fee or other payment. If you are a Subscriber, you may terminate your subscription(s) for any reason at any time by terminating it through the Account Profile feature on the Site, subject to these Terms.
If your account is terminated, we may, in our sole discretion, delete any web sites, files, graphics or other content or materials (including any User Submissions) relating to your use of the Site or Services on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to access or use the Site or Services (including accessing the Site or viewing any Content through the Service). We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Site or Services, including technological barriers, IP mapping, and direct contact with your Internet Service Provider. If your subscription is terminated, you must immediately pay us any fees or other amounts that you owe or that are based on your activity prior to termination, and you will not be entitled to reimbursement of or credit for any subscription fees.
All provisions of these Terms, except the License and Site access to you and your use of the Services, shall survive the termination of these Terms.
23. Relationship of Parties
The relationship of Creativebug to you is one of seller and customer. We are not a partner, a joint venturer, or a co-venturer with you. Neither we, nor any Artists, suppliers, licensors, successors and assigns, owe you any fiduciary duties. You may not assign, sublicense, pledge or transfer any of your rights or obligations under these Terms to any person or entity. Any purported assignment, pledge or transfer shall be void. These Terms and our rights hereunder are freely assignable by us in our sole discretion.
If any provision of these Terms is held unenforceable, the remaining portions thereof shall remain in full force and effect. Without limiting the foregoing, you agree that if any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth herein shall remain in effect.
25. California Users
California users are provided with the following notice, per California Civil Code Section 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 800-952-5210, or Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
26. Contact Us
Except as provided in Section 3 Dispute Resolution, for any other information concerning these Terms, please contact us via email at: firstname.lastname@example.org.
27. Copyright Agent
The following is provided pursuant to the requirements of the Digital Millennium Copyright Act ("DMCA") designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq. If you believe that content available on or through the Web site infringes one or more of your copyrights, please immediately notify the Company's Copyright Agent by mail at the respective addresses below (each a “Notification” and collectively, “Notifications”) providing the information for a Notification as described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Web site infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Web site are covered by a single Notification, a representative list of such works at that site. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity (“Infringing Material”) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company or other party identified in the Notification as a “service provider,” as such term is defined under the DMCA, to locate the Infringing Material. (d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (e) A statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (f) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the following: By mail: Robert D. Icsman, Copyright Agent c/o JoAnn Stores LLC 5555 Darrow Road Hudson, OH 44236; By phone: 1-330-463-3409; By email: email@example.com.
28. Entire Agreement
These Terms were last revised in January 2024.
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