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Terms of service

TERMS OF USE


These Terms of Use are effective as of _4/01/2020_______ and update any Terms of Use previously in effect.


Welcome to our website, www.craft-loft.com (the "Site").  Your access to and use of the Site is subject to these terms of use ("Terms of Use") and all applicable laws.  The Site is operated by GS Experiences LLC, d/b/a Craft Loft (“Craft Loft”, the Company, we, us”) from its offices within the United States. Craft Loft makes no representation that content, materials or information made available on or accessed through the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.  Craft Loft may change or modify these Terms of Use, in whole or in part, at any time by updating this posting without prior notice or liability to users, as more particularly set forth in Section 15 herein.  By accessing, browsing and/or using the Site (including all content, materials and information made available on or accessed through the Site), and where applicable (such as for establishing an account or ordering products) by clicking an “I ACCEPT” icon, putting a checkmark in a checkbox, or providing some other means of indicating acceptance of these Terms of Use as specified by Craft Loft, and whether you are a "Visitor" (which means that you simply browse the Site), a “Registered User” (which means that you have registered with Garden Streets), or a “Purchaser” (which means that you are purchasing Products or Services from the Site), you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws.  The terms "you" or "user", as used in these Terms of Use, refers to a Visitor, a Registered User and/or a Purchaser, as applicable.


  1. Proprietary Rights.


The Site and its contents, including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names, documents, data sheets, and other information and material, made available on or accessed through the Site (collectively, the “Content”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by the Company or its licensors and are protected under both United States and foreign laws, including copyright and trademark laws.  Your use of the Site does not grant to you ownership of any of the Content.  Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of authorized personnel of the Company, its licensors or the otherwise applicable rights holders.


The trademarks, service marks, logos, taglines, slogans and trade names (collectively, the "Marks") displayed on the Site or on the Content are registered and/or unregistered Marks of the Company, its licensors and/or other rights holders and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their respective rights holders or that otherwise are likely to cause customer confusion, or in any manner that disparages or discredits their respective rights holders.  All Marks not owned by the Company that appear on the Site or on the Content are the property of their respective owners.  Nothing contained on the Site or on the Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Site or on the Content without the written permission of the Company or the otherwise applicable rights holders.  Your misuse, including any unauthorized use, of the Marks displayed on the Site or on the Content is strictly prohibited and may necessitate legal action with pursuant of monetary damages and claims owed to the Company. 


  1. Limited License.


Subject to your compliance with these Terms of Use, you may (a) access and view the Content on the Site on your computer or other device and (b) download any of the Content displayed and identified on the Site as specifically identified as available for downloading, solely for your own lawful, non-commercial or personal use, provided that you retain all copyright and other proprietary notices contained in the Content.  Any rights not expressly granted herein are reserved.  Notwithstanding the foregoing, any other Content that is made available on or accessed through the Site with its own license terms, conditions and notices shall be governed by such terms, conditions and notices.  In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.

Except for the limited permission in the preceding paragraph, the Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights of Garden Streets or of any third party, whether by estoppel, implication or otherwise.

The Content may not be modified, copied, posted on any network computer or broadcasted in any media.  You may not mirror the Site or any of the Content on another website or in any other media.

  1. Privacy Policy. 


In order for you to access certain portions of the Site, you may be asked to provide information that personally identifies you, such as your name, mailing address, e-mail address and home and/or telephone numbers ("Personal Information" as defined in our Privacy Policy identified below). If you communicate with us by e-mail or otherwise complete online forms or the like, information provided in such communication may be collected as Personal Information. Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Site's Privacy Policy, which is located at https://www.craft-loft.com/policies/privacy-policy and is incorporated herein by reference.


  1. Purchase of Products and Services. 


Purchase of products (“Products”) and services (“Services”) through the Site are governed by these Terms of Use and any other policies or terms of Craft Loft identified in these Terms of Use.  No purchases will be permitted unless and until you indicate assent to these Terms of Use as provided for on or through the Site.  You will be required to click on an “I ACCEPT” icon, put a checkmark in a checkbox, or provide some other means of indicating acceptance of these Terms of Use as specified by Craft Loft in order to purchase Products and Services.  You must be a resident of the United States in order to purchase Products and Services. You must be 18 years of age or older and of the age of majority in your state in order to purchase Products and Services.

Payment Terms.  Payment is due prior to shipment of Products or receiving Services unless otherwise agreed upon via a separate Service Contract.  Products and Services are obtained by adding them to your shopping “cart” and when you are ready to check out and pay you will be required to provide the required information specified, including with regard to your selection from available payment methods and your shipping information.  A receipt will be emailed to the email address provided by you. Payment processing services are currently provided by Shopify and subject to their Terms of Use (available at https://www.shopify.com/legal/terms (collectively, the "Shopify Terms"). By using the Site to make payments, you agree to be bound by the Shopify Terms, which may be modified from time to time. We reserve the right to switch payment processing vendors at our discretion.

Shipping and Returns.  The provisions governing shipping and return of products are found at https://www.craft-loft.com/policies/shipping-policy

Cancellation of Orders.  We reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged (including orders for Products or Services that are mistakenly listed at an incorrect price).  If your credit card already has been charged for the purchase and your order is cancelled, we issue a credit to your credit card account (including for the incorrect price where applicable).

Warranties as to Products.  The Company’s express warranties as to Products are found at https://www.craft-loft.com/policies/refund-policy(the “Express Warranties”).   Purchaser’s sole and exclusive remedies for breach of any Express Warranties are as set forth in the Express Warranties.  THE EXPRESS WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.  

DISCLAIMERS OF WARRANTIES.  EXCEPT AS PROVIDED IN THE EXPRESS WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW GARDEN STREETS HEREBY DISCLAIMS ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE RELATING TO ALL PRODUCTS AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALINGS, TRADE PRACTICES, OR OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, ABSENCE OF SECURITY INTEREST, ENCUMBRANCE OR LIEN, AND QUIET ENJOYMENT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND IN SUCH STATES OUR LIABILITY WILL BE DEEMED LIMITED TO THE EXTENT PERMITTED BY LAW.  TO THE EXTENT THAT ANY IMPLIED WARRANTIES ARE DEEMED TO EXIST UNDER APPLICABLE LAW DESPITE ANY DISCLAIMERS, THEY ARE HEREBY EXPRESSLY LIMITED IN DURATION TO THE DURATION OF ANY EXPRESS WRITTEN WARRANTY MADE HEREIN.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, INVESTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, VENDORS AND/OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR ENHANCED, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM OR RELATING TO THE PRODUCTS OR SERVICES OR ANY CONTENT, INFORMATION OR MATERIALS ASSOCIATED THEREWITH, INCLUDING WITHOUT LIMITATION BODILY INJURY, PERSONAL INJURY OR DEATH, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARDEN STREETS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT ANY OF THESE EXCLUSIONS ARE DEEMED BY A COURT OF APPROPRIATE JURISDICTION TO BE UNENFORCEABLE, IN NO EVENT WILL GARDEN STREETS’S LIABILITY FOR ALL CLAIMS BY YOU IN THE AGGREGATE ARISING FROM A PARTICULAR PRODUCT OR SERVICE OR ANY CONTENT, INFORMATION OR MATERIALS ASSOCIATED THEREWITH EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM OR LIABILITY.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND IN SUCH STATES OUR LIABILITY WILL BE DEEMED LIMITED TO THE EXTENT PERMITTED BY LAW.


  1. Use Restrictions and Prohibited Conduct.

Any commercial or promotional distribution, publishing or exploitation of the Site or any of the Content is strictly prohibited unless you have received the express prior written permission from authorized personnel of the Company, the Company's licensors or the other rights holders, as applicable.  Other than as expressly allowed under these Terms of Use, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Site or any of the Content.  You agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the Content.  You further agree that you may not alter or remove any Marks or any other proprietary content or proprietary rights notices contained in the Content.  You acknowledge that you do not acquire any ownership rights by downloading any copyrighted Content made available on or accessed through the Site.

You agree that you shall not: (a) hold yourself out as a representative, agent or employee of the Company and/or impersonate any individual or entity or misrepresent your affiliation with any individual or entity; (b) use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (c) use the Site or any of the Content in violation of the Company’s or any third party's intellectual property or other proprietary or legal rights; (d) use the Site or any of the Content in violation of any applicable laws; (e) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site or any Content, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (g) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; or (h) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data minder” or any other program, device or algorithm, process or methodology to access, acquire, copy or monitor the Site (or portions thereof) or the Content (or portions thereof); (i) engage in or promote harassment in any manner or form; (j) upload to, distribute, or otherwise publish on or through the Site any content which is libelous, defamatory, obscene, abusive, threatening, invasive of privacy or publicity rights, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law; (k) upload commercial content on the Site or use the Site for any commercial solicitation, or to solicit others to join or become members of any other commercial online service or other organization.  

You agree to behave in an appropriate manner while on Craft Loft premises, using a Service or Equipment provided by Craft Loft.  Inappropriate behavior include behaving in a way that is disrespectful, dangerous, being verbally threatening, being physically threatening or disruptive to staff and other customers.  In such cases, Craft Loft and its staff reserves the right to ask you to leave the premises and may involve law enforcement in case of escalation.  Should such a case arise, you agree that your payment toward such Service or Equipment is forfeit and that no refunds will be given.  Craft Loft also reserves the right to seek damages if any were caused. 

  1. Registration and Passwords.

Registration and/or login are required to establish an account.  Upon registration you will be considered a “Registered User”.  You will be required to click on an “I ACCEPT” icon, put a checkmark in a checkbox, or provide some other means of indicating acceptance of these Terms of Use as specified by the Company in order to establish an account.  You must be a resident of the United States and over the age of 18 and of the age of majority in your state in order to establish an account.  Registered Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem or other device(s) as needed, (2) provide for their access to the Internet, and (3) pay any fees related to such connection.

By registering, you represent and warrant to the Company that: (a) you are a resident of the United States and are 18 years of age or older and are of the age of majority in your state of residence as of the time you register as a Registered User; (b) all information provided by you to the Company during the registration process is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Use; and (d) you will not use the Site, any of the Content or any other content, materials or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.  The Company may terminate your access to the Site (or portions thereof) without prior notice or liability if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use and/or the law.

As part of the registration process, you are required to select and use a password.  As a Registered User, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Site.  You are responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account.  You agree to notify Garden Streets immediately of any unauthorized use of any account or password, or any other known or suspected breach of security.

If you are a Registered User, you may deactivate your account at any time by contacting us at hello@craft-loft.com.  Once your account is deactivated, it will not be viewable on the Site.  As with any web site, even if a user deactivates his/her account, some information previously posted or otherwise uploaded may still be accessible by third parties.  The Company is not responsible for the continued accessibility of the information posted or uploaded by a Registered User prior to the deactivation of his/her account.  

  1. Indexing.

The Site may be indexed by search engines that survey the Web and are available to the public generally.

  1. User Submissions.

The Company does not claim ownership of any information or material you transmit, post or upload to or through the Site that is not required for your use of the Site or receipt of any services or products, by any means including, without limitation, by message boards, chat rooms or similar discussion forums, blogs, wiki pages or otherwise (“Submissions”).  Submissions will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose and in any way without any compensation.  By making a Submission to or through the Site you: (a) agree that we are free to use any ideas, concepts or know-how contained in any Submission, and (b) automatically grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such Submission, alone or as part of other works in any form, media, or technology whether now known or hereafter developed.

Please be aware that with regard to Submissions, any Personal Information you submit can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages or for other purposes.  We are not responsible for the Personal Information you choose to submit in these forums.  The Company does not want you to, and you should not, send any confidential or proprietary information to The Company via the Site.

You warrant and agree that you shall not transmit, post or upload to or through the Site any Submission that is, in or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, contractual or other rights of any third party, and that all Submissions will otherwise comply with these Terms of Use.

The Company does not represent or warrant the truthfulness, accuracy or reliability of any content, information or material contained in any Submissions made to or through the Site by users or endorse any statements, representations or opinions expressed by users in their Submissions.  Your reliance on content, information, material, statements, representations or opinions contained in any Submissions made to or through the Site by other users shall be at your own risk.  Any product claim, statistic, quote or other representation about a product and/or service contained in a Submission should be verified with the applicable manufacturer or provider.

The Company is not responsible for screening or monitoring Submissions made to or through the Site by users.  If notified by a user of any Submissions made to the Site allegedly in violation of these Terms of Use, The Company may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission or any portion thereof.  The Company shall have no liability or responsibility to users for performance or nonperformance of such activities. 

The Company reserves the right not to post or to remove any information or material posted, uploaded, inputted or submitted to the Site for any reason, including, without limitation, any Submissions that, in its sole discretion, it deems to be in violation of these Terms of Use.

The Company does not and cannot review all communications or materials posted by users accessing the Site, and is not in any manner responsible for the content of such communications and materials.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, The Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site.  However, The Company reserves the right to block or remove any communications or materials in its sole discretion, including without limitation those that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, (d) offensive or otherwise unacceptable, (e) in violation of these Terms of Use or any part hereof, (f) in violation of law.

The foregoing is not intended to apply to any Personal Information submitted to The Company via e-mail or through the Site - the use of which is governed by the Site's Privacy Policy.

  1. Copyright Infringement Claims.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended), if you believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited on the Site in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity addressed to our Designated Agent, Jennifer Gouldstone, at: by mail, Craft Loft, 100 CambridgeSide Pl, 2nd Floor, Cambridge, MA 02139.  If you need to speak with our Designated Agent she/he may be reached by telephone at: 617-826-9119.

To be effective, the notification must include the following information, or such other information as required under the Digital Millennium Copyright Act then in effect:  (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 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 and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-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 material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (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.  We suggest that you consult your legal advisor before submitting written notification, as the above-stated requirements may have changed.

In appropriate circumstances, The Company, at its sole discretion, may suspend or terminate any user’s access to the Site and/or take other action against users where The Company reasonably believes that infringing activity is occurring, regardless of whether the material or activity is ultimately determined to be infringing.

  1. Disclaimers and Limitation of Liability.


Site and Content Disclaimer.  THE SITE AND/OR THE CONTENT ARE NOT PROMISED OR GUARANTEED TO BE CORRECT, CURRENT OR COMPLETE, AND THEY MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.  GARDEN STREETS MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY OF THE CONTENT OR ANY OTHER MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, INCLUDING STATEMENTS, REPRESENTATIONS OR OPINIONS EXPRESSED BY USERS IN THEIR SUBMISSIONS.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH CONTENT, MATERIALS OR INFORMATION WILL BE AT YOUR SOLE RISK.  GARDEN STREETS WILL NOT BE RESPONSIBLE FOR ANY LOSS, HOWEVER ARISING, FROM USE OF, OR RELIANCE ON ANY SUCH CONTENT, MATERIALS OR INFORMATION.  YOU ACKNOWLEDGE AND ACCEPT THAT GARDEN STREETS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE AND OPERATION OF THE SITE MAY BE INTERFERED WITH OR ADVERSELY AFFECTED BY NUMEROUS FACTORS OR CIRCUMSTANCES OUTSIDE OF OUR CONTROL.

Disclaimer of Warranties.  THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY LAW GARDEN STREETS HEREBY DISCLAIMS ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALINGS, TRADE PRACTICES, OR OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, ABSENCE OF SECURITY INTEREST, ENCUMBRANCE OR LIEN, AND QUIET ENJOYMENT.  WITHOUT LIMITATION, GARDEN STREETS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE OR CONTENT OR ANY OTHER MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SAME.  GARDEN STREETS DOES NOT WARRANT THAT THE SITE, THE CONTENT OR ANY OTHER MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE, OR WILL OPERATE WITHOUT INTERRUPTIONS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND IN SUCH STATES OUR LIABILITY WILL BE DEEMED LIMITED TO THE EXTENT PERMITTED BY LAW.  TO THE EXTENT THAT ANY IMPLIED WARRANTIES ARE DEEMED TO EXIST UNDER APPLICABLE LAW DESPITE ANY DISCLAIMERS, THEY ARE HEREBY EXPRESSLY LIMITED IN DURATION TO THE DURATION OF ANY EXPRESS WRITTEN WARRANTY MADE HEREIN.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 


Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL The Company OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, INVESTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, VENDORS AND/OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR ENHANCED, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM OR RELATING TO, THE SITE, THE CONTENT OR ANY OTHER MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY CONTENT OR INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARDEN STREETS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND IN SUCH STATES OUR LIABILITY WILL BE DEEMED LIMITED TO THE EXTENT PERMITTED BY LAW.


  1. Indemnity.

You agree to defend, indemnify, and hold harmless The Company and its affiliates, and all of their respective officers, directors, members, managers, owners, investors, employees, agents, licensors, contractors, vendors and service providers from and against any and all claims, demands, actions and losses, including without limitation reasonable legal and accounting fees and costs, arising out of or resulting from (a) your use of the Site or the Content, (b) your Submissions, (c) any activity related to your account (including negligent, reckless or wrongful conduct) by you or any other person accessing the Site using your account, (d) your breach of these Terms of Use, and/or (e) violation of any applicable laws.

  1. Links and Third Party Web Sites.

The Site may contain links to third party web sites.  These links are provided solely as a convenience to you and not as an endorsement by the Company of the content or information available on such third party websites.  The Company is not responsible for the content or information available on linked third party sites and does not make any warranty or representation regarding the same.  The Company does not make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the content or information appearing thereon or any of the products or services described thereon.  Links do not imply that The Company endorses, or is affiliated or associated with, the linked third party site.  If you decide to access linked third party web sites, you do so at your own risk.  You should contact the site administrator or webmaster for those third party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor. We encourage you to review the privacy policies of third parties’ sites.

  1. Termination/Suspension; Botnets.  

The Company reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Content at any time and/or to restrict, suspend or terminate your access to the Site and/or any portion thereof, at any time, and/or to terminate the Terms of Use in its entirety as between you and us, for any reason or for no reason at all, without prior notice or any notice and without liability to you or anyone or any third party.  Without in any way limiting the foregoing, The Company retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities.  If any hostnames are used as command and control points for botnets, The Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.  Upon any termination of the Terms of Use, the following provisions will survive, as will any other provisions that by their nature or context would be deemed to survive: Sections 1, 4 (as to disclaimers of warranties and limitations of liability), 5, 8, 10, 11, 12, 14, 16, 17.


  1. Compliance with Laws and Export Control.

You assume all knowledge of applicable law and are responsible for compliance with any such laws.  You may not use the Site or Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements.  You further agree not to transmit any material that is or encourages conduct that could or does constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.  

You acknowledge and agree that the Site shall not be used, and none of the Content or underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”).  The lists of Embargoed Countries and Designated Nationals are subject to change without notice.  By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National.  You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

The Company and its licensors make no representation that the Site or the Content made available on or accessed through the Site are appropriate or available for downloading or use in other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.  Access to the Site and/or the Content made available on or accessed through the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of the United States and other countries.  Any diversion of the Site and/or any Content obtained from or through the Site contrary to the laws of the United States or any other jurisdiction is prohibited.


  1. Changes to Terms of Use; Notices.

Any changes to these Terms of Use agreed to between you and The Company specifically (and not unilateral changes to the Site by The Company) must be made in writing and signed by an authorized representative of Craft Loft to be binding on The Company.  Notwithstanding the foregoing, The Company, at its sole discretion and without notice, may change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time.  Changes in the Terms of Use will be effective when posted.  Your continued use of the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.  Without limiting the foregoing, in addition, Registered Users will be sent a notice of changes via email to the email address provided to The Company at the time of registration, requesting the Registered User’s assent in writing (including by email) to the changes, which if not received will result in suspension of the Registered User’s privileges.  It is the obligation of Registered Users to keep The Company apprised of any email address changes and The Company will not be responsible for any notices that are not received due to failure of Registered Users to not update this information.   Also, Purchasers will be sent a notice of changes via email to the email address (if any) provided to The Company at the time of purchase of Products or Services, and in any event, Purchasers will be informed of the changes because they must agree to the Terms of Use in their present format before each purchase.  All other notices will be delivered to you by means of e-mail, a general notice on the Site, or by other reliable method to the address, if any, you have provided to us.

  1. Definitions and Interpretation.

Words and phrases other than those defined in these Terms of Use will be given their plain English (or relevant alternative language, if in a language other than English) meaning and terms of art having a specialized meaning in the relevant industry shall be construed in accordance with industry standards.  Unless the context otherwise requires, words importing the singular include the plural and vice-versa and words importing the masculine include the feminine and neuter and vice-versa.  The term “including” means “including, but not limited to”.  The terms “herein”, “hereunder”, “hereof” and similar expressions refer to the Terms of Use in its entirety unless otherwise specifically indicated.  “Person” means any individual or entity, including unincorporated organizations, associations and partnerships.  The terms “law” and “laws” means statutes, common law, regulations, rules, ordinances, treaties, and the like, including governmental proclamations and orders and court orders that have the effect or force of law, and when referring to remedies includes both damages and equitable remedies.  Except as otherwise specifically stated in this Agreement, “days” means calendar days.


  1. Miscellaneous.


You agree that these Terms of Use any other agreements, policies, and the like referenced herein may be assigned by The Company, in its sole discretion.  You may not assign these Terms of Use or any part thereof and any attempt to do so will be null, void and of no effect.  You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and The Company as a result of these Terms of Use or your use of the Site.  These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.  You agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor any other laws pertaining to the contractual relations between you and us, except the laws of the Commonwealth of Massachusetts, will apply to these Terms of Use.  You agree that sole and exclusive personal jurisdiction over you for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the Commonwealth of Massachusetts.  Any cause of action or claim you may have in connection with the Site and/or Content, any Products or Services purchased from the Site, and/or related to the Terms of Use must be commenced within one (1) year after the claim or cause of action arises.  If any provision contained herein is found to be invalid by any court having competent jurisdiction, such provision will be invalid only to the extent necessary for it to comply with the applicable law, and the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.  Any failure by The Company to enforce, or the delay by The Company to enforce, any of its rights shall not be deemed a continuing waiver or a modification by Craft Loft of any such right or any other right, and Craft Loft may, within the time provided by applicable law, commence appropriate legal or equitable proceedings to enforce any or all rights granted herein, and any prior failure to enforce or delay in enforcement shall not constitute a defense.  The Company will be entitled to obtain injunctive relief for actual or threatened violations of these Terms of Use without the need to post a bond or other surety or security.  The Company will be entitled to recover from you its reasonable attorneys’ fees and costs in connection with enforcing its rights under these Terms of Use. These Terms of Use constitute the entire agreement between you and The Company with respect to the subject matter hereof, and supersede all prior or contemporaneous communications, agreements and understandings between The Company and you with respect to the subject matter hereof.