We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of thecreativevanity.com web site (the “Site”) constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
ACCESS OR INTERFERENCE
Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Creative Vanity is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Creative Vanity. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Creative Vanity or its affiliates without prior express written consent. You may not use Meta tags or any other “hidden text” utilizing Creative Vanity’s name or trademarks without the express written consent of Creative Vanity.
Creative Vanity’s products displayed on the Site may also be available in select retail stores in the United States or Jamaica while supplies last. In some cases, merchandise displayed on the Site may not be available in retail stores and Creative Vanity makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location. Any prices displayed on the Site are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
INTELLECTUAL PROPERTY RIGHTS
The Site is protected by copyright, trademark, trade dress and other intellectual property rights. Creative Vanity grants you a personal, revocable, nontransferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (except and solely to the extent required to be permitted under law); sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in or other intellectual property included on the Site.
Creative Vanity, the Creative Vanity logo, and other trademarks, service marks, logos, product names and service names (collectively, the “Marks”) are owned or licensed by Creative Vanity. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Creative Vanity.
You may not utilize the Site design or layout. Page headers, custom graphics, button icons, scripts and other elements of the Site are service marks, trademarks, and/or trade dress of Creative Vanity may not be copied, imitated, or used, in whole or in part, without the prior written permission of Creative Vanity.
The entire Site, and all object code and source code associated therewith, are copyright 2015 Creative Vanity. All rights reserved. The arrangement and compilation of all content on this Site are the exclusive property of Creative Vanity and are protected by U.S. and international copyright laws. All software used on this Site is the property of Creative Vanity or its software licensors and is protected by United States and international copyright laws.
USER COMMENTS & SUBMISSIONS
Creative Vanity appreciates your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit directly to us (collectively, “Your Comments”). Creative Vanity is not obligated to keep Your Comments confidential or pay you or anyone else any money for Your Comments. Your Comments shall become the property of Creative Vanity upon receipt, which means that Creative Vanity shall own all right, title and interest in and to Your Comments.
Users of the Site are able to make certain comments, reviews, submissions and messages that are publicly-accessible on the Site (collectively, “Public Postings”). When you submit Public Postings, you grant Creative Vanity, and all others who access the Public Postings, the worldwide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Public Postings (in whole or part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed. Creative Vanity shall have the right to use photos or other images you submit to us or post on the Site, such as images of completed crafting projects, in marketing materials, advertising or in any other manner, so long as such images do not include personally identifying text, without securing your additional approval.
Creative Vanity has no obligation to monitor postings, however, you acknowledge that Creative Vanity has the right (but not the obligation) in their sole discretion to refuse, delete or move any Public Posting that is made on the Site. In particular, but without limitation, Creative Vanity shall have the right to remove any Public Posting that violates this Agreement, applicable law, or is otherwise objectionable as determined by Creative Vanity in its sole discretion.
You understand that if you include your email address in any Public Posting to the Site, that you may receive unsolicited emails for which Creative Vanity bears no responsibility.
No part of this Site may be reproduced, used or appropriated in any manner for any purpose without the express written consent of Creative Vanity.
You agree to defend, indemnify, and hold completely harmless Creative Vanity and its officers, directors, shareholders, agents, and employees from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of Creative Vanity, arising from or related to your use of the Site, the materials it contains, and any sites linked to this Site. You further agree to Indemnify and hold us, our subsidiaries or affiliates, and our officers, directors, shareholders, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your use of the Site.
CREATIVE VANITY ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL CREATIVE VANITY OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WATCH STATION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, availability, shipping, and store locations. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. CREATIVE VANITY MAKES NO REPRESENTATION OR WARRANTIES AS TO ACCURACY. EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME EXCLUSIONS MAY NOT APPLY.
Because of the dynamic nature of the Internet environment, Creative Vanity may update, revise, supplement, modify or amend this Agreement at any time. Any update, revision, supplementation, modification or amendment shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after the updates, revisions, supplementations, modifications or amendments.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
This Agreement is effective unless and until terminated by either you or Creative Vanity. You may terminate this Agreement at any time by discontinuing use of the Site. Creative Vanity also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Creative Vanity’s sole discretion you fail to comply with any term or provision of this Agreement.
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.