Last updated: 30 December 2015
Subject to your compliance with the terms and conditions of these Terms, craft ai grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal, informational and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site and Content in whole or in part, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by craft ai or its licensors, except for the licenses and rights expressly granted in these Terms.
craft ai does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to craft ai will be deemed NOT to be confidential.
The Site is intended solely for persons who are 13 or older provided, however, you must be at least 18 to make purchases or submit content to craft ai. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
If you want to access the services provided by craft ai, you may need to register for an Account. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. craft ai reserves the right to suspend or terminate your craft ai Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your craft ai Account, whether or not you have authorized such activities or actions. You will immediately notify craft ai of any unauthorized use of your craft ai Account.
The Site is protected by copyright, trademark, and other laws of France and foreign countries. Except as expressly provided in these Terms, craft ai and its licensors exclusively own all right, title and interest in and to the Site and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, and Content.
craft ai may offer evaluation and paid licenses and updates to the craft ai software for purchase via the Site. In order to use the craft ai software, you must accept the craft ai Service as a Software agreement ("SaaS"), presented to you at or before the time of use of and/or subscription to the services. Except as otherwise provided herein, your use of the software and/or services will be governed exclusively by the SaaS, not these Terms.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
craft ai welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You may submit Feedback via email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of craft ai and you hereby irrevocably assign to craft ai and agree to irrevocably assign to craft ai all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At craft ai's request and expense, you will execute documents and take such further acts as craft ai may reasonably request to assist craft ai to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, craft ai's name, any craft ai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without craft ai's express written consent;
- Access, tamper with, or use non-public areas of the Site, craft ai's computer systems, or the technical delivery systems of craft ai's providers;
- Attempt to probe, scan, or test the vulnerability of any craft ai system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by craft ai or any of craft ai's providers or any other third party (including another user) to protect the Site, or Content;
- Attempt to access or search the Site or Content or download Content or Software from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by craft ai or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a craft ai trademark, logo URL or product name without CRAFT AI'S express written consent;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use the Site or Content in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.
craft ai will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. craft ai may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that craft ai has no obligation to monitor your access to or use of the Site or Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Without limiting the foregoing, craft ai and its designees shall have the right, at any time and without prior notice, to remove or disable access to any Content that violates these Terms, is otherwise harmful to the Site, or is otherwise objectionable in craft ai's sole discretion.
The Site may contain links to third-party websites or resources. You acknowledge and agree that craft ai is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by craft ai of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that craft ai is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that craft ai is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
If you breach any of these Terms, craft ai will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. craft ai reserves the right to revoke your access to and use of the Site and to terminate these Terms, with or without cause, at any time. In the event craft ai terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CRAFT AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CRAFT AI MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. CRAFT AI SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. CRAFT AI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE.
Indemnity You agree to defend, indemnify, and hold craft ai, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site or Content, or (ii) your violation of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND COMMUNITY REMAINS WITH YOU. NEITHER CRAFT AI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND COMMUNITY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE AND COMMUNITY, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE AND COMMUNITY OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND COMMUNITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT craft ai HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL CRAFT AI'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE AND COMMUNITY CONTENT EXCEPT FOR THE AMOUNTS YOU HAVE PAID TO craft ai FOR USE OF THE SITE AND COMMUNITY OR ONE HUNDRED DOLLARS ($$100), IF YOU HAVE NOT MADE ANY PAYMENTS TO craft ai, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN craft ai AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of craft ai used herein are trademarks or registered trademarks of craft ai. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms will be governed by and construed in accordance with the laws of France, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be the exclusive jurisdiction of the commercial court of Paris. Notwithstanding the foregoing, you agree that craft ai shall have the right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
These Terms constitute the entire and exclusive understanding and agreement between craft ai and you regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between craft ai and you regarding the Site.
You may not assign or transfer these Terms, by operation of law or otherwise, without craft ai's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. craft ai may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of craft ai to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of craft ai. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact craft ai at email@example.com.
craft ai does not collect users' personal information through the Site, neither passively nor actively. Personal Information may only be provided voluntarily by users when they:register with craft ai and create a craft ai Account,make a purchase via the Site,submit a request for information about the Site,download, register, use and/or install any craft ai software and or services, orpost any content via the Site.This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, company, phone number, credit card or other billing information, email address and home and business postal addresses.craft ai may use your Personal Information mainly to provide and improve the services, complete your transactions, enforce licensing terms, and administer your inquiries. craft ai may also use your Personal Information to contact you with craft ai newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from craft ai, you may follow the unsubscribe instructions provided in any of the communications.In compliance with article 40 of the French Data Privacy Act (Loi Informatique et Libertés) of January 6, 1978, users have the right to access, modify, correct or delete any personal information that craft ai may have collected and/or received. To do so, please contact: firstname.lastname@example.org
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