PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. ANY USE OF COMMON CRAFT CONTENT (DEFINED BELOW) CONSTITUTES ACCEPTANCE OF THIS END USER LICENSE AGREEMENT.
This Common Craft End User License Agreement (“License”) describes your (“You(r)”) legal use of the videos and/or related materials (“Content”) provided to You by Common Craft. By clicking “I Accept” and/or obtaining any Content from Common Craft, You shall comply with this License. If You are unable to comply with this License or do not wish to be bound by its terms, do not download or use any Content.
1. Delivery. After You sign this License, Common Craft will deliver the Content to You in the format selected on the Common Craft website, located at www.commoncraft.com (“Website”) for Your use during the Term. Common Craft will deliver the Content by providing you access to a password protected account on the Common Craft website (or by another reasonable method chosen by Common Craft). You must, at Your own expense and risk, use the proper version of any technology or software necessary to download and access the Content. Common Craft may use third parties to provide Content to You (for example, payment processing and delivery), and You must comply with their policies and procedures to receive Content.
2. Grant of License. Common Craft grants You a limited, non-exclusive, non-transferable, non-sublicensable right to use, store, access, host, display, publicly perform and permit up to the maximum number of users for Your License, as stated on the Website, (“Authorized Users”) to access the Content. You may not: (a) sell, transfer, assign or re-distribute the Content; (b) make or permit others to make any unauthorized copies of the Content; (c) alter, edit or modify the Content; (d) remove any copyright or other ownership notices from the Content; (e) allow or authorize the use of the Content by more than the total number of Authorized Users; (f) use the Content after your License ends; or (g) use the Content for any unlawful purpose, or in a way that is inconsistent with Common Craft’s policies.
3. Payment. You will pay Common Craft the fees specified on the Website (“Fees”) in U.S. dollars or currency equivalent. You are responsible for any taxes or surcharges associated with the Fees. If the number of actual users for the Content is greater than the number of Authorized Users permitted on the Invoice, You must report the increase to Common Craft and immediately pay any additional Fees. Common Craft may request that You provide written verification of the number of actual users of the Content once per quarter. If You do not pay the Fees when due, Common Craft may charge You a late fee of up to one and one half percent (1.5%) of the unpaid Fees per month (or at the highest interest rate permitted by law). For subscription plans, Your License automatically renews each year following Your original purchase date (“Renewal Date”) and You will pay Common Craft the Fees within 14 days following Your Renewal Date. We cannot cancel, credit or refund Fees after Your Term begins. For one-time “Download This Cut-out Now” purchases, Your License remains valid until You or Common Craft terminates this License.
4. Term and Termination. If You have a purchased a “Download This Cut-out Now” License, the term of Your License begins on the date Common Craft first delivers the Content to You and ends when the License is terminated as described below. If You have a subscription License, it (a) begins on the date Common Craft first delivers any Content to You; (b) is valid for one (1) year; and (c) automatically renews each year on Your Renewal Date. You may cancel this License at any time before Your Renewal Date by notifying us in writing. Common Craft may terminate Your “Download This Cut-out Now” or subscription License immediately if You fail to comply with the terms of this License, and You will forfeit any Fees paid to Common Craft. Sections 5, 6, 7, 8 and 9 of this License will continue to be in effect after this License ends for any reason. After your License ends, you must return all Content to Common Craft and/or delete all Content files.
NOTE: If You have a License that is no longer available from Common Craft (“Discontinued License”), the Discontinued License terminates either three (3) years from the date Common Craft first delivers the Content to You or when You convert the Discontinued License to an annually-renewing License, whichever occurs first.
5. Audit. Common Craft may audit Your records to verify compliance with this License at any time during the Term and up to two (2) years after the Agreement terminates. Any audit will be conducted after reasonable notice in writing from Common Craft and during Your normal business hours. If an audit uncovers an underpayment of more than five percent (5%) of the Fees due to Common Craft, You shall pay for the costs of the audit and the unpaid Fees due to Common Craft within ten (10) business days of the audit’s completion.
6. Indemnity. You will indemnify and hold Common Craft harmless from all claims, costs and reasonable attorneys' fees that may arise out of or be connected to Your (or Authorized Users) failure to comply with this License. Common Craft will indemnify and hold You harmless from all claims, costs and reasonable attorneys’ fees that may arise if the Content actually infringes the intellectual property rights of someone other than You or Common Craft. If You seek indemnification, You must: (a) notify Common Craft immediately; (b) immediately stop using the Content; and (c) provide Common Craft with evidence that you have stopped using the Content. Common Craft has no indemnity obligation to You if You do not comply with the terms of this License, or if You fail to comply with the procedure described above. Common Craft may elect to indemnify You by either using reasonable efforts to replace the Content or providing You with a pro-rated refund of Fees.
7. Disclaimer and Limited Liability. THE CONTENT IS PROVIDED TO YOU "AS IS" AND COMMON CRAFT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR EXCLUSIVE REMEDY AND COMMON CRAFT’S TOTAL LIABILITY TO YOU UNDER THIS LICENSE IS LIMITED TO DIRECT DAMAGES INCURRED BY YOU UP TO THE TOTAL AMOUNT PAID BY YOU TO COMMON CRAFT. COMMON CRAFT IS NOT RESPONSIBLE FOR ANY INDIRECT DAMAGES INCLUDING SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
8. Remedies. You agree that monetary damages may not properly make up for the unique losses Common Craft would suffer if You violate this License and Common Craft shall be entitled to, in addition to any other remedy Common Craft may have under this License or at law, injunctive relief including specific performance of this License without the necessity of posting bond.
Last Updated: 5-23-2018
1. What Type of Personal Information Does Common Craft Collect and Why?
A. Personal Information You Voluntarily Provide: We will ask you when we need information that personally identifies you or allows us to contact you. Generally, this personal information is requested when you are creating an account with us (“Account”), purchasing a video, entering into a giveaway, asking for specific information, or subscribing to Common Craft newsletters (“Newsletters”). We will only use your personal information for the purposes that you provide it to us.
B. Financial Information: To create an Account or to otherwise purchase a video, you will need to provide your credit card and/or other billing information. Your billing information is not stored on Common Craft’s servers, but it is stored by our Service Providers (as defined below).
C. Information We Automatically Collect: As an online business, it is important for us to know how users interact with and use the Website. In order to measure, analyze, and improve performance of the Website, and to continually update and develop the services we offer to you, we automatically collect other types of information that do not personally identify you, but uniquely identify the device (e.g. your computer, tablet, or smartphone) that you are using to browse the Website (“Device”). In some countries, this type of information may be considered as personal information:
“Device Information,” which means technical information about your Device. When we refer to Device Information, this means your operating system and operating system version, Device ID, and the brand and manufacturer of your Device.
“Location Information,” which means general information about the location from which you are using the Services (e.g. IP address, country, and city).
2. Do Third Parties Have Access to My Personal Information? Yes. Like most companies, we use tools from service providers to help us with various parts of our business (“Service Providers”), and depending on the service we need, these Service Providers may have access to your personal information. For example, we use a Service Provider’s email software to manage our Newsletter subscriptions, and if you have given us your email address to subscribe to the Newsletter, then your email address will be shared with that Service Provider. We also use Service Providers to help us with billing, analytics, and giveaways and promotions. If you’d like more specific information about our Service Providers and what kind of personal information they have access to, you can contact us at firstname.lastname@example.org.
We contractually require all Service Providers to treat your personal information as confidential information and to only use it for the services we need. However, we do not have direct control over how Service Providers use your personal information and we cannot guarantee that our Service Providers will use your personal information as required in our contract with them. For this reason, we are not responsible for our Service Providers’ misuse of your personal information.
We may also disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) assist you with the services or information you have requested; (b) conform to the edicts of the law or comply with legal process served on Common Craft or the Website; (c) protect and defend our rights or property, or (d) act in urgent circumstances to protect the personal safety of our users the Website, or the public.
4. How Long Will Common Craft Keep My Personal Information? How long we store your personal information will depend on the purpose for which we originally collected it. We will not retain your personal information for longer than is necessary for our legitimate business interests or for legal requirements.
5. Is My Personal Information Secure? The security of your personal information is important to us. We follow generally accepted industry standards to protect the information submitted to Common Craft, both during transmission and once it is received. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. While no security system is completely secure, we and our Service Providers take appropriate security measures to protect against unauthorized access or disclosure of the information we collect. For Common Craft, this includes, but is not limited to, ensuring that all Information is disclosed only on a "need to know" basis and ensuring that all information collected by Common Craft is done so via secured connections and protected and encrypted industrial grade security software to guard against unauthorized access.
7. How Do I Opt Out of/Unsubscribe From Newsletters? If you wish to unsubscribe from receiving Newsletters, you can click on the “unsubscribe” link at the bottom of the email. Please allow up to 24 hours before you stop receiving Newsletters. You may also continue to receive emails unrelated to marketing.
8. Minors. The Services are not directed to children under the age of 13 and we do not knowingly collect information from children under the age of 13. If we learn that we have received any type of information from a child under the age of 13, we will delete such information. Please contact us at email@example.com if you believe we have collected information from a child.
9. How Do I Access, Manage, or Update My Personal Information? If you ever want to review or update the information we have stored for you, simply send an email to firstname.lastname@example.org and we will send you your profile to allow you to edit your personal information. We will ask for sufficient identification to assure that only you can access your profile.
10. For Users in the European Union.
A. Legal Basis for Processing.
Our legal basis for collecting, using, and sharing your personal information will depend on the purpose for which we use your personal information. Typically, we will rely on the following legal bases for processing your personal information: (i) your consent; (ii) our legitimate interests; or (iii) contractual necessity.
If we rely on your consent to process your personal information, you have the right to withdraw your consent at any time.
B. Your Rights.
If you would like to exercise your rights of access, rectification, erasure, restriction of processing, data portability, and/or your right to object to the processing of your personal information, you may contact us at email@example.com.
C. Transfer of Personal Information Outside of the EU.
Because Common Craft and our Service Providers are located in countries outside of the European Union, your personal information may be transferred to other countries that may not offer the same level of data protection as the laws of your country of residence. We may rely on model contractual clauses or other protective mechanisms for such transfers.
D. How to File Complaints.
If you believe your rights under the GDPR have been infringed upon, you may lodge a complaint with the supervisory authority of your country of residence. For contact information for your supervisory authority, please visit: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.