User Agreement and Terms of Use

Thank you for visiting thecraftark.com website owned and operated by
The Craft Ark Ltd.

1. Use of thecraftark.com ("we", "us", "thecraftark.com", "The Craft Ark") website ("the site") constitutes acceptance of thecraftark.com User Agreement ("the agreement") and Terms of Use ("terms"). The user of the site ("you") represent that you have read and understood these terms and agree to be bound by them. If you do not agree to all the terms and conditions on this page, please do not use this web site. Use of any internal or external links on thecraftark.com constitutes acceptance of the terms on this page. If you do not agree with these terms, please exit this site by closing the browser window.
2. In order to use this site you must agree to be legally bound and to abide by the terms and to indemnify and hold thecraftark.com and The Craft Ark harmless from all alleged or actual damages, claims and expenses relating to any warrant, guarantee or representations made on the website or linked sites. This also includes, without limitation, attorney's fees. The use of this site for any reason is deemed to be an agreement of this condition.

Headings

Headings are for reading convenience only and are not to be used in the interpretation of this agreement.

Privacy Policy

1. It is our policy to collect no personal information about you when you visit thecraftark.com or other group websites, unless you affirmatively choose to make such information available to us. When you visit the thecraftark.com website, the web server automatically solely recognises the Internet domain and IP address from where you accessed the site. This information does not result in the identification of your personal e-mail address or other personal information. The information collected is only the file volume and timing of access to the site whilst visiting the site. This is done so that the content of the site can be improved, and your personal information is not identified.
2. If you choose to share personal information, by such means as filling out a membership form or emailing us, with personal information, the information will not be disclosed to third parties, unless required by law or with your express permission.
3. If you submit work which is accepted for inclusion on the site then only the details you have agreed to share with other members will appear. It will be assumed that unless otherwise stated when project is submitted that you agree to these details appearing on the site. Please see your obligations when submitting projects for gallery.
4. If you have other questions about this privacy policy please feel free to e-mail us on members@thecraftark.com
   

Becoming a member

1. Should you decide to subscribe to our newsletter service you will be required to provide certain registration information. In consideration of your use of the Website and services, you agree, where information is requested, to provide true, accurate, current and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the website and services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or services to any third party. You are fully responsible for all activities that occur under your password or user name, including without limitation purchases. You agree to (a) immediately notify thecraftark.com of any unauthorised use of your password or username or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Thecraftark.com is not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations. Breach of this clause will result in termination of your subscription and permanent eviction from the Website.

Obligations of use

1. Any content is covered by copyright (please see below) and cannot be used for purposes other than those listed below. www.thecraftark.com can only be used for lawful purposes and you must comply to all applicable laws both national and international. You must not use www.thecraftark.com for any illegal activities or any that might cause legal action to be taken against thecraftark.com or its affiliates. Thecraftark.com reserves the right to determine what constitute abuse or objectionable behaviour.
2. Abuse of membership will and can include:
   • Using the site to post or transmit text or images that can be considered sexually explicit, violent, racial or ethnically objectionable, violent, or offensive in any manner.
   • Making, posting or transmitting statements that can be seen intentionally false, misleading, or as libellous or violate a third party’s privacy or public rights.
   • Making, posting or transmitting language that can be considered profane or inappropriate.
   • Impersonating or pretending to be another member or other third party.
   • Making, posting or transmitting computer viruses, worms, Trojan horses or other such malicious code.
   • Making, posting or transmitting an offer of products or services that are unlawful at the location that these are sent from or received at.

Copy right

1. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance caching, or otherwise, or material obtained through the Website, except as permitted by the Copyright holder or expressly permitted in writing by this Agreement, or Website.
2. You agree not to disrupt, modify or interfere with the Website or associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials associated with the Website
3. You are permitted to print instructions for personal use or for raising funds for non-profit organisations and charities.
4. Copyright shall be retained by thecraftark.com. International Copyright Protection Agreements (Berne Convention and the Universal Copyright Convention).All rights reserved. Text, graphics, and HTML code are protected by UK, US, EU and International Copyright Laws.
5. All other trademarks, product names, and company names and logos appearing on thecraftark.com are the property of their respective owners. thecraftark.com is not associated with other companies who own similar sounding names.

Your obligations when submitting projects
for gallery or as a designer

1. You are responsible for ensuring that any material you provide to thecraftark.com or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on this Website is for your personal use only. The Website contains copyrighted and other proprietary information.

Ask the Ark and Forum submissions

1. The Forum enables members to post problems/questions, propose solutions/answers, information, comments to this site. When you submit to the Forum, you understand and agree that your Content can be viewed and used by other members who visit thecraftark.com
2. You represent and warrant that you own or otherwise control all of the rights to the content and that use of this content by www.thecraftark.com and its affiliates will not infringe upon or violate the rights of any third party. Before you post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
3. By registering with thecraftark.com and posting onto the Forum you hereby grant thecraftark.com a non-exclusive, perpetual, unrestricted, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, modify, adapt, publish, translate and create derivative works from work submitted in any form, whether now-known or hereafter developed.
4. You also grant thecraftark.com and its affiliates and sub-licensees the right to use the member name that you submit for purposes of attribution only. If you do not wish to have Your Content attributed to you, then you must notify thecraftark.com at admin@thecraftark.com

Limitation of liability

1. Regardless of the type of claim or the nature and cause of the action, you agree that in no event shall thecraftark.com, its affiliates, service providers, employees, or any other party involved in creating, producing or delivering the services, or content available on thecraftark.com will be liable to you in any manner whatsoever.
2. thecarftark.com cannot be held responsible or liable to you for any decision or action or non-action made or taken based upon the information provided through thecarftark.com
3. thecraftark.com is not liable and cannot be held responsible by you for loss or inaccuracy caused by information and services supplied on this site and for direct, indirect, incidental damages including but not limited to loss of revenue, loss of profits or loss of reputation, bodily and not-bodily harm even if thecraftark.com has been advised of the possibility of such damages. It is the user's duty to execute anti-contamination or virus software and ensure that any information, if contaminated or infected, will not damage the user's information or system. The entire risk as to the use of thecraftark.com is with the user. thecraftark.com is not responsible or liable for telephone, network, ISP, electronic, computer or other communication problems or failures of any kind.

Termination of membership (by thecraftark.com)

1. thecraftark.com can terminate this agreement immediately if, based upon thecarftark.com sole judgement that this agreement has been breached or infringed or violated any intellectual property rights owned by thecraftark.com or infringed or violated any intellectual property rights or privacy that are owned by a third party connected or not to thecarftark.com.
2. The termination of this agreement will and shall terminate your access to the services of thecarftark.com This termination does not relieve you of any obligations to pay outstanding fees etc to affilates.
3. The perpetual licences you granted to thecraftark.com shall continue after this agreement has highlighted in and agreed to under Forum submissions

Consumer rights

1. If you have any complaints about thecraftark.com content or services or need further information then please contact us at legal@thecraftark.com or via The Craft Ark, PO BOX 7716,
   Bishop’s Stortford, Herts CM23 4XH England

Non transferable membership

1. Your membership benefits cannot be transferred to a third party in any way shape or form and should this be found to have occurred then thecraftark.com will terminate your membership with immediate effect, please see termination of agreement by thecraftark.com

Severability

1. If any provision of this agreement or portion is held to be invalid or unenforceable the remaining provisions shall continue in full force and effect.

Governing law

1. Any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and thecraftark.com irrevocably submit to the non-exclusive jurisdiction of the English Courts. This agreement is governed by English law and all disputes will be handled solely in the United Kingdom. English Courts will have jurisdiction in respect of it. You consent to such venue and jurisdiction. thecraftark.com controls and operates its website from its offices in the United Kingdom and makes no representations or warranties that its content or use is legal in other locations.

Indemnity

1. In order to use this site you must agree to be legally bound and to abide by the terms and to indemnify and hold thecraftark.com harmless from all alleged or actual damages, claims and expenses relating to any warrant, guarantee or representations made by the individual merchants or linked sites. This also includes, without limitation, attorney's fees. The use of this site for any reason is deemed to be an agreement of this condition.

Links and site content

1. Links to other web sites are provided solely as a resource guide and do not represent an endorsement or guarantee, either expressed or implied. thecraftark.com does not assume any liability for any of the products, services, or data of any other sites. thecraftark.com is a facilitator of links to the content of other sites and as such has no editorial control over the content of such linked sites in the same manner that a public library has no control over the content of the books that it distributes.
2. It is the responsibility of the user to evaluate the information, opinion, advice, or other content contained within the site. Where a comment or advertising message is labelled "free", visitors should check that this is currently the case before proceeding. thecraftark.com cannot verify the validity or quality of any inclusions contributed by a third-party. If you believe any link to a third party site found within the thecraftark.com website infringes your intellectual property rights, please contact us at legal@thecraftark.com so that we may review any alleged infringement. This site has not verified reviewed or approved all linked sites and makes no representation warrant or guarantee as to any such sites accuracy or suitability. Through its links, thecraftark.com is offering access to a wide range of information, including historical materials that may contain negative stereotypes or offensive terminology. All such materials must be viewed in the context of their relevant time period.
3. If you have any enquiries and disputes with linked sites they should be directed to the individual sites involved. We reserve the right to cancel or refuse orders for items or services offered at an incorrect price on thecraftark.com or through its links. We cannot be held responsible or liable for any loss or damage due to reliance on information obtained through thecraftark.com.

Third-party advertisers

1. Please note www.thecraftark.com use third-party advertising companies to serve ads when you visit this website. These companies may use information (not including your name, address, email address or telephone number) about your visits to www.thecraftark.com and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and would like to know your options in relation to not having this information used by these companies, then visit: http://www.networkadvertising.org/.
2. These third-party advertisers should abide by the following privacy rules: http://www.privacyalliance.org/resources/ppguidelines.shtml/.
3. Should these companies infringe these rules www.thecraftark.com have no legal or moral responsibility and this misuse must be taken up direct with the company in question.

Notices and disclaimers

1. Except as explicitly stated otherwise all notices permitted or required under this agreement shall be by email to us at legal@thecraftark.com and to you at the email address you provide at the time of activating membership. Notice shall be deemed to have been given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
2. Whilst it is not our intention to do so, thecraftark.com reserves the right to change its policies and terms at any time. Any such changes will be posted on this page. Price and availability information is subject to change without notice. We do not assume, and therefore disclaim, any liability for any loss or damage caused by errors or omissions.
3. thecraftark.com makes no guarantee that the services will not be uninterrupted, secure or error free. Thecraftark.com makes no guarantee that the site or its services are free from harmful materials such as computer viruses, worms, Trojan horses or other such malicious code.
4. The advice and information provided by thecraftark.com is for general help and guidance only and anyone at all unsure of how to deal with a specific problem should consult an appropriate professional. We do our utmost to bring you relevant and reliable information, but we can take no responsibility for any advice offered.
5. Thecraftark.com disclaims any responsibility for the content of any third party materials provided through or on this Internet site. Individual merchants listed on this site provide their own order processing and customer service. Any recommendation made on this site is a personal opinion only and does not constitute any form of warrant, guarantee, promise or assurance. The merchantability or fitness for a particular purpose of any product is not guaranteed.