Terms and Conditions of Use – Enterprise Users

Creativebug LLC
Terms and Conditions of Use – Enterprise Users

IMPORTANT – please read everything below carefully before registering.

Introduction

Welcome to the Creativebug network of websites and Applications (the “Site”).

Thank you for your interest in using our services. We provide our Registered Users with access to our Site and to the Content by streaming it over the internet.

Please review the following Terms and Conditions of Use – Enterprise Users (the “Terms”) carefully before using the Site. These 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.

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.

1) Definitions

1. “Artists” refers to instructors who provide Content for the Site.
2. “Content” refers to arts and crafts related multi-media content, including video classes, audio, graphics, photos, text, special features, and a forum for blogs and postings.
3. “Include,” “includes” or “including” means “including, without limitation”.
4. “Services” means the various services available on our web Site, including our classes.
5. “Registered Users” refers to the individuals who have created an account with us.

2) Binding Agreement

These Terms (including any linked policies, such as our Privacy Policy), as they may be updated from time to time, constitute a binding agreement between you and us when you create an account with us.

These Terms explain the respective rights and limitations of us, you, and other Registered Users when using the Site, Services, and Content.

You agree to these Terms by becoming a Registered User, or by using our Site. In doing so: (a) you represent and warrant that the registration 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 registration information current.

Please carefully read these Terms before you register or use any Services. 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 register or use any Services. By registering on our Site, it means that you have agreed to these Terms.

3) Changes to Terms and Conditions

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. Your continued use of the Site or any Services after such posting or notification means you accept all revisions. If you do not agree to the revised Terms, you must stop your use of this Site and all Services.

4) Arbitration of Disputes

Any dispute or claim arising out of, or relating in any way to, these Terms, your visit(s) to, or use of, the Site, the Services, the Content, or any other matter with us (“Dispute”) must be resolved through binding arbitration, rather than in court. In lieu of arbitration, either you or we may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply.

Any party who intends to seek arbitration must first try in good faith to resolve the Dispute by providing to the other party a written notice describing the facts and circumstances of the Dispute and the specific relief sought, and any supporting documentation. The notice must be mailed via certified mail to us at: Creativebug, c/o Jo-Ann Stores, LLC, Attn: Law Department, 5555 Darrow Road, Hudson, OH 44236; or to you at your email address in your online profile. If we are unable to reach settlement within 60 days, then, upon notice to the other party, any party may begin arbitration.

If you are a resident of the United States or any other jurisdiction except Canada, you agree that the Federal Arbitration Act and federal arbitration law apply to this agreement, and that any arbitration under this agreement will be conducted by the American Arbitration Association (“AAA”), and pursuant to the then-applicable AAA Commercial Arbitration Rules and Mediation Procedures, which are available at www.adr.org, or by calling 1-800-778-7879. If you are a resident of Canada, you agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, will be resolved by the Arbitration Rules of the ADR Institute of Canada, Inc., and that the arbitration will be in English.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis similar damages and relief as a court (including injunctive and declaratory relief or statutory damages). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. Unless the arbitrator finds some or all of your claims to be frivolous, we will pay all the fees of the arbitrator, and we agree not to seek attorneys’ fees or costs from you. We will pay your attorney fees, not to exceed $5,000, if we are ordered to do so by the arbitrator. In determining whether an action is frivolous, the arbitrator may consider if we have offered you a full refund of the sum you paid for items you purchased from us, or if we have otherwise offered full relief to you in relation to your individual claim.

Notwithstanding the foregoing, if in any manner you have violated or threatened to violate any of our intellectual property rights, we may bring suit in any state or federal court in Delaware or Ohio, or, if you are a resident of Canada, in the Courts of the Province of Ontario sitting in the City of Toronto. You consent to exclusive jurisdiction and venue in these courts.

This section will survive after these Terms terminate or your use of the Site ends.

5) Class Action Waiver

We and you agree that any Dispute resolution proceedings must be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute will be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative.

This section will survive after these Terms terminate or your use of the Site ends.

6) Registration, Profiles, and Access

To be a Registered User, you must be a member or patron of the sponsoring enterprise that has contracted with Creativebug to provide the Services to you, and: (a) be at least 13years old; (b) provide 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) otherwise comply with these Terms. As a Registered User, 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.

To become a Registered User, you will need to create an account by registering online and then logging into the Site. You must provide us with a unique (as to us) email address, username and password, along with other information as prompted in the registration form. You shall be solely responsible for the use of your user name and password. Login credentials are non-transferable.

We reserve the right to deny you and others access to the Site, refuse service, suspend or terminate accounts, remove or edit Content, either temporarily or permanently, for any reason in our sole discretion, including our determination that you have violated these Terms agreement or appear likely to do so. 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 maintain at the Site and any information which you posted. 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 Application 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 Application at any time for any reason. You acknowledge that the terms of the contract with your mobile network provider will apply when using an Application. You acknowledge you may be charged by your mobile network provider for access to mobile network connection services while accessing an Application 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 Application, you will also be assumed to have received permission to access the Application from the responsible party.

To use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications that are specified within the Application. Creativebug does not accept any responsibility for the unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure that may result in an Application being unavailable. Creativebug will not be responsible for any support or maintenance for Applications.

7) 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 if we have that information. 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.

8) Licenses

So long as you continue to meet all of the Registered User requirements, we grant to you as a limited, non-exclusive, personal, non-sublicensable, non-transferable, revocable, license to access and use the Site and Services only in order to view Content on no more than one computer or personal device at the same time, and solely for your non-commercial, personal or household use (“License”). Except for this limited License, no right, title or interest is provided to you.

The License will enable you to view, select, stream and access Content via the Services in accordance with these Terms. 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.

9) Restrictions of Use

You may not download, copy, 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, or other information contained on, or obtained from or through, the Site.

You may not use any datamining, robots, or similar data gathering and extraction tools on the Site. 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 will automatically and without notice terminate the limited License and will result in the cancellation of services to you. 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, or intercept or record network communications between the Site and us.

We may suspend or terminate your use of the Site immediately if we reasonably determine that you,or anyone for whom you are responsible, isin violation of the Terms. The suspension or termination is in addition to, and not in lieu of, any rights and remedies available to us under the Terms or under applicable laws.

10) Service Updates and Software

Periodically we may make available updates, bug fixes, enhancements or other changes to the Services or Site (“Service Updates”). Some Service Updates may be mandatory, in which case you will be required to consent to the Service Update or installor upgrade a third-party plug-in if you wish to maintain continued access to the Site and use the Services.

11) Content

Due to the amount of Content on the Site, we do not monitor or control the nature of the available Content. You are solely responsible for your interactions with Artists and other users. We reserve the right, but have no obligation, to monitor interactions between you and other users and to remove, edit, or take any other action to restrict access to or the availability of any material that we or a user may consider to be unlawful, obscene, lewd, lascivious, violent, harassing, threatening, demeaning, offensive, invasive of privacy, or otherwise objectionable. All features, specifications, Services, and Content are subject to change or discontinuance at any time without prior notice.

12) User Submissions and User Conduct

All posting by Registered Users is voluntary. By posting, storing, transmitting or sending to us any user submissions, you hereby grant us and our affiliates, 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 your 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 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

You agree that you will not:

1. use another user’s account, or impersonate another person or entity (e.g., pretexting or spoofing);
2. 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;
3. publish falsehoods or misrepresentations;
4. 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;
5. misrepresent yourself, your age, or your affiliation with any person or entity;
6. use the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
7. 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;
8. upload, post, transmit, share, store, collect, or make publicly available on or through the Site any private or personal information of any person or third party;
9. solicit personal information from other users; intimidate or harass another person;
10. obtain unauthorized access to the Site or portions of the Site that are restricted from general access or otherwise restricted to you;
11. collect, manually or through automated processes, information about other users or other information relating to the Site or the Services;
12. use any meta tags or other “hidden text” using our name, trademarks, service marks, or trade dress, or those of suppliers or other sponsors of the Site;
13. link (including “deep linking”) to the Site;
14. engage in any activity that interferes with a third party’s ability to use or enjoy the Site or Services;
15. 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 users to any harm or liability of any type;
16. place unreasonable or disproportionately large loads on the Site or Service infrastructure; or
17. assist any person or 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 mis-delivery 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 to monitor all 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.

13) Intellectual Property

You must not:

1. infringe, misappropriate or violate any patent, trademark, trade secret, copyright, right of publicity or other right of anyone;
2. 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.

14) Copyrights, Trademarks, Ownership of Data

All Content and 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, software and code, and all related intellectual property rights, are the exclusive property of Creativebug, its affiliates or its respective content suppliers, and is protected by United States and international copyright laws. Except as expressly provided in these Terms to the contrary, nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Content or any other copyrighted works displayed or contained in the Site.

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. All trademarks, trade names, service marks and the like that appear on the Site are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks.

15) Indemnification

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; (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 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 consent of the respective Indemnified Persons.

16) 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, BUT NOT LIMITED TO, 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, products and services is at your sole risk.

Notice: patent: http://www.35usc287.com/mobile

17) Termination

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 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. If your Account is terminated, we may, in our sole discretion, delete any web sites, files, graphics or other content or materials (including any 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.

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.

18) Relationship of Parties

The relationship of Creativebug to you is one of seller and customer. We are not a partner, or a joint venturer, or a co-venturer with you. Neither we, nor any of our affiliates, 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.

19) Severability

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.

20) Governing Law

By visiting our Site and by our acceptance of your offer to enter into these Terms, you agree that these Terms have been entered into in the State of Delaware of the United States of America. You further agree that the laws of the State of Delaware, without regard to its principles of conflict of laws, and applicable U.S. law will govern these Terms, and any dispute of any sort that might arise between you and us. Notwithstanding anything to the contrary, the United Nations Convention for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the interpretation or enforcement of these Terms. Nothing in this paragraph exempts or excuses you from complying with any laws which may apply to you, including those of the jurisdiction in which you are located.

21) Contact Us

In the event of any dispute or for any other information concerning these Terms of Use, please contact us via email at support@creativebug.com. 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.

22) 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:
legal@joann.com.

23) Entire Agreement

These Terms and Conditions of Use – Enterprise Users, including our Privacy Policy, and all third-party terms and conditions of use which are incorporated herein, contain the entire understanding and agreement of you and us regarding such subject matter, and supersede all prior and contemporaneous agreements and understandings between us regarding such subject matter.

These Terms and Conditions of Use – Enterprise Users, were issued in October 2019