Terms of Use

This Terms of Use Agreement sets forth the standards of use of the Crafter Depot website (the “Site”).

Right Brain Retail, LLC. dba Crafter Depot (hereinafter “Crafter Depot”), maintains this Site for you (the “User”). Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Crafter Depot’s written permission.

Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Crafter Depot regarding this subject matter are superseded and of no force or effect. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. 

Description of Service

Crafter Depot is providing you with an eCommerce Site. You must provide (1) all equipment necessary for your own Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties          

The site is provided by Crafter Depot on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Crafter Depot makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Crafter Depot shall have no liability for any interruptions in the use of this Site. Crafter Depot disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable. 

Limitation of Liability

Crafter Depot shall not be liable, nor any other party involved in creating, producing or delivering the Site, for any direct, incidental, consequential, indirect or punitive damages OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, arising out of your access to, or use of, the Site, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Crafter Depot HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE

Crafter Depot also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.

Indemnification

You agree to indemnify and hold Crafter Depot, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Crafter Depot reserves the right to modify or discontinue the Service with or without notice to you the User. Crafter Depot shall not be liable to you or any third party should Crafter Depot exercise its right to modify or discontinue the Service. You acknowledge and accept that Crafter Depot does not guarantee continuous, uninterrupted or secure access to our Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. 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 therein. We encourage all Users to review said privacy policies of third-parties’ sites. 

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Crafter Depot makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Crafter Depot makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Law

Our Site is operated and provided in the State of Kentucky. As such, we are subject to the laws of the State of Kentucky and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site  or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Kentucky.

 Compliance with Laws

You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Service 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 encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted unless otherwise noted ©2017 Crafter Depot, with all rights reserved, or is the property of Crafter Depot and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Crafter Depot is strictly prohibited. You agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Crafter Depot.

The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Crafter Depot, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Crafter Depot will aggressively enforce its intellectual property rights to the fullest extent of the law.

All other trademarks displayed on Crafter Depot’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Crafter Depot.

Botnets

Crafter Depot 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, Crafter Depot reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. 

User Generated Content

The Site you are currently visiting may presently or hereafter permit visitors (“Users”) of this Website to submit and/or upload a variety of content, including but not limited to: written statements, images, photos, audio content and videos (collectively referred to as “User Generated Content”).  By becoming a User, you understand, agree, and consent to Crafter Depot, its subsidiaries, affiliates, successors and assigns (collectively, “Crafter Depot”) worldwide and perpetual use of such User Generated Content, which could include republishing such content in a variety of print and digital mediums.  At Crafter Depot’s discretion, the User’ name may accompany such use of User Generated Content.

By submitting User Generated Content, you further understand and agree that you are responsible for the consequences of posting or publishing such User Generated Content.  You further affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, releases and permissions to use and authorize Crafter Depot to use all intellectual property, including but not limited to: patent, trademark, service mark, trade dress, trade secret, copyright, name, image, likeness or other proprietary rights (“IP”) in and to any and all User Generated Content to permit use of such User Generated Content in the manner contemplated by the Website and these Terms and Conditions.

Crafter Depot does not permit infringement of IP rights on its websites; Crafter Depot will block and remove all User Generated Content if properly notified that such User Generated Content infringes on another’ IP or other right(s).

Although Crafter Depot may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Crafter Depot is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Crafter Depot will fully cooperate with any law enforcement authorities or court order requesting or directing Crafter Depot to disclose the identity of anyone posting any such information or materials.

DMCA NOTICE & COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1999, 17 U.S.C. § 512 (“DCMA”), provides owners and operators of sites a limitation of liability for User Generated Content that infringes the copyright(s) of a third party.  Pursuant to the DCMA, Crafter Depot will accept notices of claims of copyright infringement, and has enacted a Take-Down Procedure.  If you believe in good faith that your valid copyright has been used in an infringing manner, please submit the following:

  1. A signature, electronic or physical, of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the website;
  4. Your appropriate contact information, including: address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Customer Support

Tel: 844-41-CRAFT (2-7238)

Email: info@crafterdepot.com

Address: 2501 Constant Comment Pl, Louisville, KY 40299

Should you choose to call, please also make a written request by mail or email, as noted above.  Upon receipt of written requests that provide all the required information as noted above in (1) – (6), Crafter Depot shall reasonably:

  1. Remove, take-down, disable or destroy (“Removed”) the allegedly infringing material, and access thereto by Users;
  2. Submit written notification of the alleged infringement to the alleged infringer and indicate that the allegedly infringing content has been seasonably Removed;
  3. Submit written notification to the United States Copyright Office of such alleged infringement and that the allegedly infringing content has been seasonably Removed; and
  4. Submit written notification to the person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed that the allegedly infringing content has been seasonably Removed.

Crafter Depot encourages you to seek legal counsel prior to pursuing a claim, as there may be penalties for false claims.

For any other claim aside from alleged copyright infringement, please see the Contact Information section contained herein.

Crafter Depot and its affiliates expressly disclaim any liability or responsibility for any personal injury, property damage, and any other direct, consequential, incidental, indirect, punitive or exemplary losses or damages, and any liability for loss of revenue, loss of profit, loss of product, business interruption, and loss of business opportunity, which may occur in connection with or arising from the misuse of any product advertised or sold on or through this Site by Crafter Depot. Some products contain chemicals which if misused could cause damage or personal injury, including through ingestion or other oral contact. Misuse includes but is not limited to any failure by the purchaser or any other user to follow instructions or adhere to safety related warnings included in related manuals and in on-product labels, or any use of the product in a manner inconsistent with its labeling or purpose.

 Crafter Depot reserves the right to, in Crafter Depot’s sole discretion, without prior notice, to terminate the account or access of any user who may submit content that allegedly violates any IP or other right(s), laws or regulations.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Crafter Depot, in our sole discretion, to a third party in the event of a merger or acquisition.

This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. Member agrees that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Entire Agreement

These Terms of Use constitute the entire agreement between Crafter Depot and you pertaining to the subject matter of this Agreement.

Crafter Depot reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.

Modifications shall become effective immediately upon being posted at the Crafter Depot website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.