Terms of Use

Welcome to Crayvit. Please read these Terms of Use (the “Agreement”, “Terms of Use”, or “Terms”) carefully before using the services offered by Crayvit Holdings, Inc. (“Crayvit” or the “Company”). Crayvit and/or its affiliates provide website features and other products and services to you when you visit or shop at crayvit.com, use Crayvit products or services, use Crayvit mobile applications, or use software provided by Crayvit in connection with any of the foregoing (collectively, the “Service”).

This Agreement sets forth the legally binding terms and conditions for your use of the website at www.crayvit.com, all other sites owned and operated by Crayvit that redirect to www.crayvit.com, all subdomains and all mobile applications (collectively, the “Site”), and the service owned and operated by the Company (together with the Site, the “Service”). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.

Summary of Service

Crayvit is a platform where certain users (“Crayvers”) run campaigns (“Crayvs”) to fund purchases by raising money from other users (“Contributors”). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, products, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Crayvers, Contributors, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Content” means any Content submitted by Users.

Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy, and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Service. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

By using our Services, you agree to these conditions. Please read them carefully.

Privacy

Please review our Privacy Policy, which also governs your use of our Services, to understand our practices.

Electronic Communications

When you use the Service, or send e-mails to us, you are communicating electronically with us. You consent to receive electronically communications from us. We will communicate with you by e-mail or by posting notices the Service. You agree that all agreements, notices, disclosures and other communications that we provide electronically to you satisfy any legal requirement that such communications be in writing.

License and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Crayvit or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of the Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Terms are reserved and retained by Crayvit or its licensors, suppliers, publishers, rights holders, or other content providers. No part of the Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Crayvit. You also shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Crayvit without express written consent. You may not use any meta tags or any other “hidden text” utilizing Crayvit’s name or trademarks without the express written consent of Crayvit. You may not misuse the Service. You may use the Service only as permitted by law. The licenses granted by Crayvit terminate if you do not comply with these Conditions of Use or any Service Terms.

You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the section of these Terms of Use titled, “Crayv Campaigns and Purchases”). You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • you know is false, misleading, or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
  • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • impersonates any person or entity, including any employee or representative of the Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Mail-list, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

You agree to not abuse other Users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified by those Users, or is not related to fulfilling delivery of a product or service explicitly specified by the Crayvers or Contributors.

Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, Crayv, contribution, or account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

Crayv Campaigns and Purchases

Crayvit is a platform where Crayvers run campaigns to fund retail purchases by raising money from Contributors. By creating a purchase campaign (“Crayv”) on Crayvit, you as the Crayver are offering the public the opportunity to purchase an item on your behalf. By contributing to a Crayv on Crayvit, you as the Contributor agree to contribute cash toward purchasing an item for the Crayver. Crayvit is not a party to the agreement between the Crayver and Contributor. All dealings are solely between Users on the Site.

By creating a Crayv or contributing on Crayvit, you agree to be bound by this entire Agreement, including the following terms:

  • Contributors agree to contribute cash by providing their payment information through PayPal or other credit processor prior to contributing toward a campaign. The payment will be collected before the campaign deadline and will be used only if the total amount of money pledged is at least equal to the fundraising goal.. Once contributed, cash is not refundable.
  • Contributors consent to Crayvit and its payments partners authorizing a charge on their payment card or other payment method for the cash contribution amount at the time of purchase and prior to collection of the funds for the Crayver.
  • Contributors agree to forfeit cash once contributed to ensure that the Crayv will be collectible and fulfilled.
  • Contributors may contribute more at any time during the fundraising campaign.
  • The Crayv date listed on each Crayv campaign is not a promise to fulfill by that date, but is merely an estimate of when the Crayver hopes to fulfill by.
  • Crayvers agree to make a good faith attempt to complete each Crayv campaign by the Crayv date.
  • For all campaigns, Crayvit gives to the Cravyer each Contributor’s public user name.
  • Crayvit does not offer refunds. A Contributor is not required contribute to any Crayv campaign. A Crayver may change their desired purchase and is not required to fulfill a Crayv campaign.
  • Crayvers are eligible to receive only the item associated with the current campaign if a Crayv is successful.
  • Crayvers may change their desired purchase as often as they wish. Crayvers may change a campaign at any time and for any reason, and if they do so, all existing contributions will be transferred to the new campaign.
  • Crayvers are responsible for managing and communicating changes and updates to their Crayv.
  • Crayvit and its payments partners will collect fees for contributions at the time of contribution. Fees may vary depending on region and other factors.
  • Crayvit reserves the right to cancel a contribution at any time and for any reason.
  • Crayvit reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Crayvit is not liable for any damages as a result of any of those actions. Crayvit’s policy is not to comment on the reasons for any of those actions.
  • Crayvers should not take any action in reliance on having their Crayv campaign posted on the Site or having any of the money pledged until they have collected all cash credits required for their Crayv. There may be a delay between the end of a successful fundraising campaign and fulfillment of the Crayv.

 

Crayvit is not liable for any damages or loss incurred related use of the Service. Crayvit is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Crayvit does not oversee the performance or punctuality of Crayv campaigns. The Company does not endorse any User Submissions or User Content. You release Crayvit, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

Your Account

If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Crayvit does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Service only with involvement of a parent or guardian. Alcohol listings on Crayvit are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Crayvit reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or contributions in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Crayvit reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Crayvit a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Crayvit and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Crayvit for all claims resulting from content you supply. Crayvit has the right but not the obligation to monitor and edit or remove any activity or content. Crayvit takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All items purchased through Crayvit are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Crayvit attempts to be as accurate as possible. However, Crayvit does not warrant that product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free. If a product offered by Crayvit itself is not as described, your sole remedy is to notify us for the process of returning it in unused condition.

Fees and Payment

Joining Crayvit is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.

Fees on cash contributions are collected by Paypal. Crayvit is not responsible for the performance of PayPal.

Pricing Policy

We offer you consistently accurate prices on every item in our store. All prices are listed in U.S. dollars. You may be able to pay in either the local currency of your card or in USD through PayPal.

Except where noted otherwise, the List Price displayed for products on the Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere PLUS estimated taxes, shipping and handling. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold through Crayvit is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We do not offer post-order price matching when an item’s price drops after you buy it. The price you paid when your order shipped was the retail price. We consistently offer competitive prices on everything we carry because we know accurate prices are important to our customers.

We do not price-match with other retailers. We do, however, consistently work toward maintaining competitive prices on everything we carry.

Bulk Discounts

We do not offer additional discounts on large orders of a single item or on large orders of many individual items. The availability listings on our website are intended for single-copy orders. Orders for many copies of the same item may take longer to assemble. Once your Crayv has been fulfilled, you will be able to see an estimated delivery date in Your Account.

Surcharges

Oversized and extremely heavy items will incur special shipping surcharges. The surcharge varies depending on the size and weight of the item. This charge will be displayed in the Shipping &  Handling subtotal of the Checkout form.

Some items may incur a sourcing fee to cover the expense of selling these items; we regret that we must occasionally pass these costs along to our customers. The sourcing fee, if applicable, will be listed along with the item’s price on the product fulfillment detail page.

Other Businesses

Parties other than Crayvit operate stores, provide services, or sell product lines on the Service. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Crayvit does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Third-Party Sites

When you use the Service, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

Affiliate disclaimer

This affiliate disclosure details the affiliate relationships of Crayvit Holdings, LLC with other companies and products.

Crayvit is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Crayvit is not affiliated with any of the brands on our site.

The information contained on Crayvit is for general information purposes only. Crayvit assumes no responsibility for errors or omissions in the contents on the Service. In no event shall Crayvit be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Crayvit reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.

Crayvit does not warrant that the website is free of viruses or other harmful components.

External links disclaimer

Crayvit mobile app may contain links to external websites that are not provided or maintained by or in any way affiliated with Crayvit. Please note that Crayvit does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Disputes

Any dispute or claim relating in any way to your use of the Service, or to any products or services sold or distributed by Crayvit or through crayvit.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of the Service. We reserve the right to make changes to our site, policies, Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Intellectual Property

By Submitting User Content on the Site or otherwise through the Service, you agree to the following terms:

  • The Company will not have any ownership rights over your User Content. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
  • You are publishing your User Content, and you may be identified publicly by your name or User ID in association with your User Content.
  • You grant to each User a non-exclusive license to access your User Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content solely for personal, non-commercial use.
  • You further agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Crayvit all of the license rights granted herein.
  • You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Content to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use.
  • The use or other exploitation of User Content by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
  • All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
  • The Company will not be liable for any errors or omissions in any Content.
  • The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
  • All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

In accordance with the Digital Millennium Copyright Act, Crayvit has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Crayvit also may terminate User accounts even based on a single infringement.

Copyright, Trademarks & Patents

All content included in or made available through our Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Crayvit or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through our Service is the exclusive property of Crayvit and protected by U.S. and international copyright laws.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of Crayvit in the U.S. and other countries. Crayvit’s trademarks and trade dress may not be used in connection with any product or service that is not Crayvit’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Crayvit. All other trademarks not owned by Crayvit that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Crayvit.

One or more patents owned by Crayvit apply to the Service and to the features and services accessible via the Services.

Copyright Complaints

Crayvit respects the intellectual property of others. Crayvit will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Crayvit’s Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, sufficient for Crayvit to locate the material;
  • your address, telephone number, and email address;
  • 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
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify Crayvit’s Copyright Agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

  • a physical or electronic signature of the user of the Services;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Our designated copyright agent for notice of alleged copyright infringement can be notified via email at contact@crayvit.com

Termination

The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Crayvit reserves the right not to comment on the reasons for any of these actions.

The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

Limitation of Liability

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

International

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Governing Law

These Terms of Use (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Crayvit or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in San Francisco County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

Electronic Delivery, Notice Policy, and Your Consent

By using the Services, you consent to receive from Crayvit all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Crayvit may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

Integration and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Our Address

Crayvit Holdings, Inc. http://www.crayvit.com

Crayvit Bill of Rights

Privacy

Crayvit knows that you care about how information about you is used and shared, and we appreciate your trust. That’s why we post a Privacy Policy that explains what information we collect from you, how we use that information, and what choices you have with respect to that information. For more details, please read our Privacy Policy.

Secure shopping

When you shop using Crayvit, you can be assured that we take your transaction very seriously and take extensive measures to ensure the security of your payment and personal information.

No obligation

You are under no obligation to buy anything.

Crayvit Updates

You will occasionally receive e-mail updates about important changes to the Service, new services, and special offers we think you’ll find valuable. You can unsubscribe or change your subscription to many of our notifications at any time.

Updated: July 2017