Terms and Conditions
Effective Date: 14th August, 2007
Introduction
This website is owned and operated by The Stackable Crew by J.S. BrooTM, a company registered in the United States.
Please read these terms and conditions carefully. Your accepting them in full is a condition of your use of this site (whether or not you subscribe). If you don't agree with them, or any part, please don't use this site. Your use of this site is treated as an acceptance of the version of the terms and conditions in effect at the time of your use.
We may change these terms and conditions at any time. Please check them whenever you return to the site. We will treat your continued use of our site as acceptance of these changes from their effective date as shown above.
If you have any questions about these terms and conditions, please contact us via email at stackablecrew@msn.com Do not use the site until you are satisfied with and can accept these terms and conditions in full.
Definitions
In these Terms and Conditions, "the Crew" is used as shorthand for any and all images or products available on this website or owned by the company The Stackable Crew by J.S. BrooTM.
References to "Terminating" an account include all or any of: locking/suspending, temporarily banning or permanently banning the account.
Safety/Abuse
Before using the Crew you should read the guides found in our Safety & Security Guidelines section.
While we reserve the right to monitor and take action upon inappropriate use of this website (including the posting of inappropriate, offensive or otherwise objectionable material via the forum facility or otherwise), we cannot guarantee that this website won't contain such content or that we will remove/modify any particular content. Nor can we guarantee that users will comply with our terms and conditions or otherwise behave appropriately.
If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you must use facilities to block the messages. If you continue to suffer problems, or are not satisfied, then you must stop using this website immediately.
Your Account
To use the Crew or use many features of this site, we require you to create an account. All valid account holders are hereby licensed to use the Crew and to download and use our products and connect to our servers for the sole purpose of using the Crew subject to compliance with these terms and conditions.
You agree to keep your password safe at all times and not to disclose it to any other person. To help ensure the safety of your password, you must keep your computer free of viruses and other malicious code including Trojans.
You must use your password in accordance with the password requirements specified on our site and our Rules of Use. Real Stackable Crew staff will never ask you for your password. If you believe that someone has stolen your password or otherwise gained access to your account, submit an email to stackablecrew@msn.com so we can help remedy the situation.
Rules of Use
You must comply with our Rules of Use as well as any other guidelines, codes of conduct or instructions on our site. You will find our Rules of Use here:
Every individual who uses any images from this website must have his/her own account.
Every member has permission to download as many items as are needed for their own personal use in scrapbooking.
Excessive use or abuse of this website is prohibited. Excessive use or abuse is defined as photocopying any of the printable items, sharing items with other members or non-members, printing more than you would personally use of any item without written permission and any other action that may be considered abuse.
Account sharing is prohibited. Passwords are for use by the account holder. No one else may use another member's account.
Our Rights
If, acting reasonably, we consider that our terms and conditions have or may have been breached, or that it is necessary in order to prevent or stop any harm or damage to us, the Crew, other users or the general public or to minimize our liability to others, we reserve the right with or without prior notice to (among other things): Terminate (as defined above) or modify any or all accounts of the Crew which we think are connected with you and/or otherwise block your access to our websites and services and take such other steps as we consider reasonable. Such actions may result in loss of membership credit without refund and/or loss of real money paid as part of any item/account trading or other prohibited transaction.
For the purpose of preventing or stopping breach of our terms and conditions or any harm or damage to us, the Crew, other users or the general public or to minimize our liability to others, we may in our absolute discretion automatically or manually monitor, censor (including rejection or removal of any content) and/or record public or private chat or other activities in the Crew.
Intellectual Property Rights
The Stackable Crew by J.S. BrooTM is a registered business in the United States.
You must not reverse-engineer, decompile or modify the Crew client software in any way. You must not use a modified/customized version of the client software. You must not create or provide any other means by which the Crew may be used by others (including, without limitation, replacement or modified client/server software, server emulators).
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on this website by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners/suppliers/advertisers. You may not use these materials or this website except to use the Crew in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.
You agree that your Crew account and items are and will remain our property.
By posting chat or other materials on this website, you grant us a non-exclusive, perpetual, worldwide, royalty free worldwide license to use and/or modify such materials on this website as we see fit.
You agree that by submitting any material of any kind to us for any purpose connected with the Crew or website (non-exhaustive examples are suggestions and ideas for the Crew or contributions to the Scrapbooking Ideas page), you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit. You agree that you will not withdraw the submission or attempt to make a charge for its use.
Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
Subscription
All access to the Crew is subscription-based. If you apply for a subscription, you guarantee that all the information that you submit is true and accurate (including without limit your credit card number and expiration date, and other payment details). You agree to pay all subscription fees specified when you apply including all applicable taxes.
By submitting your order you are making an offer to subscribe to the Crew. Your offer is accepted and a binding contract occurs when your payment has been received and you gain access to the Crew.
All subscription payments will continue to be taken at the relevant intervals (e.g. monthly in the case of monthly subscriptions) until you cancel your subscription.
Payments by credit cards are also subject to our Credit Card Agreement, which forms part of these terms and conditions.
We reserve the right to alter the amount or terms of our subscription fees at any time. If so, we will give notice by sending a message to your email inbox (which you should check regularly) notifying you of the price change. The change will not take effect for at least 30 days from the date when our message has been first accessed, thereby giving you an opportunity to cancel your subscription if you would prefer not to pay the new fee. If you do not cancel before the effective date, then the new fee will apply.
We reserve the right to charge you for any unauthorized use or abuse of your subscription by yourself or third parties.
Credit Card Agreement
"By submitting a subscription form, you agree that we (The Stackable Crew by J.S. BrooTM) may bill, through Paypal, the credit or debit card you specify as per our "Terms and Conditions."
For each payment we take from your card, we will credit your account with the appropriate number of days of membership credit. Only when that credit has nearly run out will we take another payment from your card for the next period of membership.
Payments may be taken three days in advance of your membership expiring to ensure continuous service. If we are unable to take a payment, then we will try again the next day.
You may cancel this agreement at any time and we will take no more payments from your card.
Please note that you are agreeing to an automatic monthly debit. We will not request authorization before taking each payment. Payment will be taken once a month, every time your account has three days of credit left.
Payments will only be taken within the terms of the agreement.
You are free to cancel this agreement at any time, but payments will continue until you cancel.
Cancellation by You
You may cancel your subscription at any time.
Upon cancellation you will not be charged any further subscription fees. No payments already made will be refunded (wholly or partly) but you can of course use up any unused membership credit in the account.
Privacy Policy
As a member you agree to our Privacy Policy. For a description of how we use your personal data, please see our Privacy Policy.
Availability
We will make reasonable commercial efforts to keep downtime to a minimum but we can't promise that this website or any data stored or transmitted in connection with it will be uninterrupted, secure or error-free or will achieve particular results. We reserve the right to suspend operation of some or all of this website at any time without notice for repair, maintenance, improvement or otherwise.
Other Equipment / Software
We make no promise that this website will operate either fully or in part on any specific computer equipment or with any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, either temporary or permanent, occurring to either equipment or software that might occur whilst using our website.
stackablecrew.com and other links
This website may also include links to other internet sites. We make no promises about those sites or their content, nor that the links work. Those sites are likely to have their own terms and conditions and privacy policies.
OUR LIABILITY / YOUR INDEMNITY
THIS SECTION (AND ANY OTHER CLAUSE EXCLUDING OR RESTRICTING OUR LIABILITY) APPLIES TO OUR DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND AFFILIATED COMPANIES AS WELL AS TO US. NOTHING IN THIS AGREEMENT IN ANY WAY LIMITS OR EXCLUDES OUR LIABILITY FOR NEGLIGENCE CAUSING DEATH OR PERSONAL INJURY OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH MAY NOT LEGALLY BE EXCLUDED OR LIMITED EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, BY STATUTE, COLLATERALLY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR REASONABLE CARE AND SKILL.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR COLLATERALLY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THIS WEBSITE FOR CONSEQUENTIAL, INDIRECT OR SPECIAL LOSS OR DAMAGE OR ANY ECONOMIC LOSSES (INCLUDING LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR PUNITIVE DAMAGES OR LOSS OF DATA, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND HOWSOEVER INCURRED.
OUR MAXIMUM LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR COLLATERALLY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THIS WEBSITE SHALL BE LIMITED TO $50.00, OR THE SUMS PAID BY YOU TO US IN RESPECT OF ANY TWELVE MONTH PERIOD, WHICHEVER IS GREATER.
ALL CLAIMS MUST BE SUBMITTED IN WRITING AND BROUGHT WITHIN THREE MONTHS OF THEIR OCCURRENCE OR WAIVED.
YOU HEREBY AGREE TO INDEMNIFY THE STACKABLE CREW by J.S. BrooTM AND HOLD US HARMLESS FROM AND AGAINST ALL THIRD PARTY LIABILITIES, CLAIMS, LOSSES, DAMAGES OR COSTS ARISING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS INCLUDING REASONABLE LAWYERS' FEES AND COSTS.
Assignment
You may not transfer any of your rights or delegate any of your obligations under these terms and conditions without our prior written consent.
General
Nothing in these terms and conditions affects your statutory rights as a consumer. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. Save in respect of clauses excluding or restricting our liability a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
These terms and conditions and our Privacy Policy are governed by United States law and any dispute connected with them or our website is subject to the exclusive jurisdiction of the United States courts.
Complaints
If you are dissatisfied with this website or any aspect of it, please contact us via the forums on our website or email us at stackablecrew@msn.com
© The Stackable Crew by J.S. BrooTM 2007
This website and its contents are copyright © 2007 The Stackable Crew by J.S. BrooTM
Use of this website is subject to our Terms and Conditions and Privacy Policy