http://www.craftlovers.com/competitions
Clearsnap is giving Scrapbooking Memories readers the opportunity to win one of 20 amazing prize packs in this fantastic competition! Each pack consists of 23 Smooch colours including Siren, Green Apple, Sugarberry, Azure, Pumpkin and Silver Fox. For your opportunity to win one of these prize packs, tell us, in 25 words or less, which Smooch is your favourite and why? Submit your answer along with your name and address in the competition section or write it on the back of an envelope with your name, address and daytime phone number and send it to: Scrapbooking Memories/Clearsnap competition, 50 Silverwater Road, Silverwater NSW 2128. Competition opens February 22, 2012 and closes last mail March 21, 2012. For more information visit
www.clearsnap.com For terms and conditions, see below.
Welcome to CRAFTLOVERS – Buy Sell and Swap
1. What is CRAFTLOVERS.
•www.CRAFTLOVERS.com (“CRAFTLOVERS”) is an online service where crafters come together. You can:
•buy, sell or swap craft items through Us from time to time by entering Your details for Your User Account and accessing the service. User Accounts who are individuals can buy, swap or sell for a fee payable to Express Publications.
•advertise in our specially designed advertiser section for User Accounts who are craft businesses to sell their craft kits. Craft businesses are not able to use the buy, sell or swap section of Our Website to buy, sell or swap their Craft Items. Craft businesses can advertise craft kits for a fee payable to Express Publications.
•upload Your gallery of Craft Items in Our public community section for User Accounts who want to showcase their Craft Items There is no fee payable to Express Publications.
•post Your public blog in Our blog section for User Accounts who want to chat with other User Accounts and upload craft images. There is no fee payable to Express Publications.
•post Your tips and techniques and upload craft images in Our public tips and techniques section for User Accounts who want to exchange tips and techniques with other User Accounts. There is no fee payable to Express Publications.
•post Your business details in Our store directory section for User Accounts who want to have a public listing with Users of Our Website to access. There is no fee payable to Express Publications for standard listings. There are advanced and premium listings and fees are payable by You prior to You accessing this service. If You would like to know more about an advanced or premium listing and how to access this service click here.
•post Your comments and socialise on Our Website.
All transactions on this site are with the other party to the transaction. We are not an agent for any User of Our Website. This service is used at the Users own risk. CRAFTLOVERS is owned and operated by Express Publications Pty Limited ACN 057 807 904 (“Express Publications”) of 2 Stanley Street Silverwater NSW 2128 Australia (ph) 612 9741 3800 (fax) 612 9748 1956 (email)
info@craftlovers.com. CRAFTLOVERS is an Australian owned Website. The Website is owned, operated and maintained by Express Publications.
2. Definitions
2.1 In this Agreement:
(1) Agreement means the terms, conditions, notices, disclaimers and offers to purchase contained in this document and elsewhere on Our Website;
(2) Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country);
(b) any obligation under any licence in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country);
(3) Content means any information including files, text, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, service documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services including Craft Items, or specifications contained in, referred to, on Our Website, obtained or able to be viewed by accessing any part of Our Website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format;
(4) Express Publications means Express Publications Pty Limited ACN 057 807 904 its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate” as defined in the Corporations Act 2001 and includes the terms “Us” ,
“We” or “Our”;
(5) Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via Our Website;
(6) Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by You, someone else, or claims made against You through the use of Our Website including, but not limited to, loss of business profits, legal costs inclusive of settlement costs of any litigation pending or otherwise;
(7) Non Excludable Rights means the rights and remedies conferred by the Competition and Consumer Act 2010 Cth and similar State and Territory Legislation in Australia in relation to the provision of goods or services on Web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the use of Our Website or Your use of or access to Our Website, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Non Excludable Rights;
(
Services means the services provided by Express Publications on Our Website;
(9) Third Party Websites means sites and resources located on servers maintained by others over whom Express Publications has no control;
(10) User means anyone who visits, browses or uses Our Website and includes a User Account;
(11) User Account means any person or craft businesswho is registered to use Our Website;
(12) Website means those Web pages contained within the domain
http://www.craftlovers.com; (13) Your Information means any information You provide to Us in the process of being a User or opening a User Account;
(14) Craft Items mean products used in art forms requiring special skill;
(15) “You” or “Your” means a User;
3. About this Agreement
3.1 Use of some parts or features of Our Website may be governed by other terms and conditions. Those terms and conditions will also apply to this Agreement, and will prevail over this Agreement if there is any inconsistency between them.
3.2 We may amend this Agreement from time to time. Any amendments to this Agreement will be effective as soon as they are posted to Our Website unless otherwise as stated in this Agreement. By using Our Website You agree to be bound by any changes to this Agreement.
3.3 By entering Your details for Your User Account You agree to Our terms and conditions and agree that:
(a) You will act always in good faith with another User in a transaction.
(b) You have the intention of being legally bound by transactions between You and another User and can be legally bound.
(c) You are over the age of 18 years and are legally able to form binding legal relations.
(d) You have read, understood and accept the terms and conditions of this Agreement.
(e) Your name, address and email address will be added as a subscriber to Our craft newsletters (at no cost). Our newsletters may include special offers or incentives from Our selected partners. Please view Our Privacy Policy for what We do with Your information. Our Privacy Policy can be viewed by clicking Privacy Policy at clause 22Every email newsletter You will receive will have an opt-out provision allowing You to stop receiving any future promotional communications.
(f) You authorize Us, Our financial institution and Our bill payment systems provider to deal with Your credit or debit card in order to process Your information for the purposes of payment to Us of Our fees.
3.4 We reserve the right to terminate Your registration with Us without providing You with a reason for so doing.
3.5 Express Publications reserves the right to cancel and remove inactive accounts.
3.6 The relationship between Us and You is that of an independent contractor.
3.7 You are responsible for the security of Your own information including Your User Account login details and You agree not to permit other persons to use Your User Account.
3.8 Your User Account is non transferable to a third party.
4. Buy, Sell or Swap-individuals only
4.1 You warrant that if You use the buy, sell or swap section of Our Website that You are an individual and are legally able to buy, sell or swap a Craft Item that You list on the buy, sell or swap section of Our Website.
4.2 You will need to open a User Account and login to list Your Craft Item. You will then be directed to fill out an internet form indicating the category that Your Craft Item will be placed in and provide details of Your Craft Item. These details will be able to be viewed on Our Website by prospective sellers/buyers/barterers. You are then able to upload your image to be included in Your listing. Once Our fee is paid Your Craft Item will be placed on Our Website for other User Accounts to contact you by email directly and obtain additional information and complete the transaction if they desire with You.
4.3 Your description of a Craft Item must be accurate. It must not mislead or deceive a buyer/seller/barterer.
4.4 We may, without limiting any of Our rights against You for breach of Agreement and in Our absolute discretion publish or cease to publish Content posted by You, remove Your Content placed on Our Website or warn other Users of Your actions.
4.5 You agree not to promote Our Website on another website to promote Your buy, sell or swap property.
4.6 If You sell or swap property You must forward it to the buyer or the barterer as soon as possible.
4.7 If You are removed from CRAFTLOVERS You will not be refunded the fee paid to us.
5. Advertisers craft kit section-Craft businesses only
5.1 A craft business is able to list their craft kit for sale in Our advertisers craft kit section on CRAFTLOVERS.
5.2 You must have a craft business to list in this section.
5.3 You may only list craft kits for sale.
5.4 Your advertisement of Your craft kit must set out the contents of the kit.
5.5 You must have a link to Your website for a buyer to purchase Your craft kit.
5.6 You must comply with Our terms and conditions in all other respects in so far as they relate to You as an advertiser on Our Website.
5.7 The fee charged to You is set out in Our fee section below at 6.2.
5.8 You will need to open a User Account and login to list Your craft kit. You then press on the ‘create content’ button and go down to access the ‘general kit’ section. You will be directed to fill out an internet form and provide details of Your craft kit and links to your webpage. These details will be able to be viewed on Our Website by prospective buyers. You are then able to upload your image to be included in Your advertising. Once Our fee is paid Your craft kit will be placed on Our Website.
5.9 We reserve the right to remove any advertiser for any reason whatsoever without providing You with notice of such removal or without providing You with any reasons for such removal.
5.10 If You are removed from CRAFTLOVERS You will not be refunded the fee paid to us.
5.11 We will not be held responsible to You if You do not sell any craft kits through Our Website and We do not provide You with any guarantee, warranty or make representations that You will secure any sales from the use of Our CRAFTLOVERS Website.
6. Fees
6.1 There are no joining fees. There are listing fees for individuals who have User Accounts in the buy, sell and swap section and for craft businesses who advertise their craft kits in the advertisers section payable to Us.
6.2 The listing fee is a $ 1.10 inclusive of GST fee for Australian Users and craft businesses for the period or 1 December 2009 to 1 March 2010. There is a $ 1.00 fee for overseas Users and craft businesses for the period or 1 December 2009 to 1 March 2010.
6.3 There are fees payable to list in Our advance and premium store directory. If You would like to know more about Our fees for an advanced or premium listing click here.
6.4 Our fee may change after the 1 March 2010 and We will give You reasonable notice on Our Website of the fee change.
6.5 The payment method for Our fee is by Paypal.
6.6 Our fee is to be paid in Australian Dollars.
6.7 All Craft Items sold, bought or swapped exclusively within Australia are to be advertised in Australian dollars and are to be inclusive of GST. You are responsible for any tax obligations.
6.8 All Craft Items sold, bought or swapped outside Australia can be advertised in the currency of Your choice and all tax obligations are the responsibility of the seller/buyer/barterer which ever is applicable.
6.9 We recommend that a seller, buyer or barterer displays the following payment methods to Your prospective buyer, seller or barterer: Paypal or credit cards or both for when you are selling or buying or for any delivery costs associated with a swap. You can find out how to join Paypal at
www.paypal.com/ 6.10 You must indicate to your prospective seller/buyer/barterer that all payments must be received within 5 days of accepting a transaction.
6.11 You must indicate to Your prospective seller/buyer/barterer any costs involved in using Paypal.
6.12 You must advertise whether there are any postage or shipping fees payable to You in Your sell, buy or swap details. The fees charged by You must not be unreasonable.
6.13 You must not charge or pass on to Your prospective seller/buyer/barterer any of Our fees. You are at liberty to consider and include it in Your cost of the item.
7. Community section-individuals only
7.1You will need to open a User Account and login to list Your gallery or socialise. You then press on the ‘community’ button and go down to access the ‘create your gallery’ section. You will be directed to fill out an internet form and provide details of Your gallery. You are then able to upload your image to be included in Your gallery and will be placed on Our Website.
7.2 We reserve the right to remove any individual or business entity for any reason whatsoever without providing You with notice of such removal or without providing You with any reasons for such removal.
8. Blog section-individuals only
8.1 You will need to open a User Account and login to blog. You then press on the ‘blog’ button and go down to access the ‘create your blog’ section. You will be directed to fill out an internet form and provide details of Your post. You are able to upload craft images to be included in Your blog and Your blog will then be placed on Our Website.
8.2 You warrant that if You use the blog section of Our Website that You are an individual and not a business entity.
8.3 We reserve the right to remove any individual or business entity for any reason whatsoever without providing You with notice of such removal or without providing You with any reasons for such removal.
9. Tips and Techniques section-individuals only
9.1 You will need to open a User Account and login to post Your tips and techniques. You then press on the ‘tips and techniques’ button and go down to the ‘add Your tips now’ section. You will be directed to fill out an internet form and provide details of Your post. You are able to upload craft images to be included in Your post and Your post will then be placed on Our Website.
9.2 We reserve the right to remove any individual or business entity for any reason whatsoever without providing You with notice of such removal or without providing You with any reasons for such removal.
10. Store Directory section-Craft businesses only
10.1 You will need to open a User Account and login to upload Your business details. You then press on the ‘store directory’ button and You can choose a directory category and be directed to fill out an internet form providing Your business details. Your details will then be placed on Our Website.
10.2 We reserve the right to remove any individual or business entity for any reason whatsoever without providing You with notice of such removal or without providing You with any reasons for such removal.
11. Use of Our Website
11.1 You may not use Our Website in any manner or for any purpose that is unlawful, that violates any right of Express Publications or any other person, or that is prohibited by this Agreement. In particular, but without limitation, it is a condition of Your use of and/or access to Our Website that You do NOT do any of the following:
(1) use Our Website for commercial trading purposes unless You are a craft business advertising craft kits in Our advertisers section. You can only be an individual to use the sell, buy or swap section;
(2) use any mechanism, software or other scripts in relation to Our Website which could disrupt or interfere with Our Website or any servers, software, hardware or equipment connected to or via Our Website, including any robot exclusion headers;
(3) restrict or inhibit any other User from using or enjoying Our Website;
(4) distribute or transmit any Content of any kind which contains a virus or other harmful component;
(5) distribute, post or upload any pornographic, extremist or racist material or any material which might otherwise be harmful to other Users;
(6) use Our Website for the purpose of advertising or promoting political parties or extremist organisations;
(7) violate any Applicable Law relating to Your use of Our Website; or
(
use Our Website in any manner which We, in Our sole opinion, consider inappropriate or inconsistent with the intended purpose of Our Website.
(9) use Our Website to sell, buy or swap stolen property, unsafe items, items that require import or export permits to countries You are importing or exporting to, pornographic, offensive, racial or politically offensive property.
11.2 In order to protect other Users and Express Publications from inappropriate use of Our Website, You warrant, without limitation, that Your Information:
(1) is information provided for buying, selling or swapping Craft Items on Our Website;
(2) is not false, inaccurate, misleading or fraudulent;
(3) does not involve commercial activities or sales, including advertising or pyramid schemes;
(4) does not promote any criminal activity or enterprise, including but not limited to inciting an act of terrorism, buying or making weapons, or violating someone’s privacy;
(5) does not violate any Applicable Law; and
(6) will not create liability for Express Publications or cause Us to lose (in whole or in part) the services of Our internet service providers or other suppliers.
12. Your Information
12.1 Express Publications does not accept responsibility for Your information. Your information is used in accordance with, and for the purposes set out in this Agreement and Our Privacy Policy.
12.2 You must promptly inform Us if You become aware that any of Your information breaches this Agreement and take whatever steps may be necessary to correct the breach. This clause is not intended to limit Our rights under any other provision of this Agreement if such a breach occurs.
12.3 In order to protect Your security, We encourage You not to include any personal information other than is required for Your transaction.
13. Other Information
13.1 We do not check, and do not take responsibility for:
(1) the veracity, accuracy or completeness of information provided by You on or in connection with Our Website (including identity, age or place of residence); or
(2) Content on Our Website which We source from Third Party Websites.
14. Intellectual Property
14.1 You acknowledge that the Content in Our Website is the subject of Intellectual Property and legal rights (including third party rights). You may not, during or at any time after the expiry or termination of this Agreement, do or permit any act which infringes any of those rights.
14.2 Other than as expressly permitted by law or this Agreement, You may not, without the specific prior written consent of Express Publications, do any of the following things, either directly or indirectly:
(1) use, copy, reproduce, translate, reuse, transmit, retransmit, adapt, vary, remove, alter, modify, store, publish, republish, broadcast, link, distribute, frame, post, upload, rewrite, broadcast or store Content;
(2) incorporate Content into any other website or use Content for any commercial purpose except as otherwise allowed under this agreement to carry out a transaction.
(3) store Content in a retrieval system by any means, including graphic, electronic or mechanical means, photocopying, recording, taping or storage in an information retrieval system; or
(4) use Content in any manner or for any purpose which is unlawful, which violates any right of Express Publications or which is prohibited by this Agreement.
14.3 Subject to clause 14.2, You must ensure that all copies of material from Our Website retain any copyright or other intellectual property notices contained in the original material.
14.4 Copyright in the Content may be included on Our Website under a licence from third parties. Any permission to use, copy or reproduce that Content (other than in the course of viewing Our Website) must be obtained from the copyright owner. It is Your responsibility to obtain such authorisation.
14.5 All names, logos and trademarks (both registered and unregistered) relating to CRAFTLOVERS and Express Publications are the property of Express Publications, or the third parties who have contributed to Our Website. Nothing contained on Our Website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on Our Website without the prior express written permission of Express Publications or the third party contributor.
14.6 We reserve the right to remove any Content that We think infringes, may infringe or is likely to infringe a third parties intellectual property rights or is otherwise the subject of a third party complaint.
15. Release , Indemnity and Limitation of liability
15.1 You agree to release Us from all liability and agree to indemnify Express Publications, its directors, officers,
employees, suppliers and agents to the fullest extent permitted by law, from and against all Loss however occurring to You or anyone else arising out of or in connection with the use of Our Website including Your failure to complete a transaction as buyer or seller or barterer. The cause of the Loss includes but is not limited to:
(1) access or use, or inability to access or use Our Website;
(2) reliance on any Content;
(3) the transmission of any computer virus;
(4) Express Publications’s negligence;
(5) a breach of Your computer’s security;
(6) any unauthorised access to, modification or alteration of Content;
(7) any material or data sent or received or not sent or received;
(
any infringement of another’s rights, including Intellectual Property;
(9) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;
(10) any Content sent by any third party using and/or included in Our Website; and
(11) delays, interruptions, inaccuracies, errors, omissions or cessation of services.
(12) breach of agreement between Users.
15.2 In relation to Non Excludable Rights, any liability incurred by Express Publications in relation to the use of Our Website or the Content is limited as provided under the Competition and Consumer Act 2010 Cth. Liability which cannot be excluded, is limited to the extent possible, at Express Publications’s option to:
(1) the supply of the goods or services again;
(2) the repair of the goods; or
(3) the payment of the cost of having the goods or services supplied again or repaired.
16. Disclaimers
16.1 Our Website and the Content are provided on an “as is” basis. Express Publications makes no representations or warranties regarding the accuracy, reliability or completeness of the Content of Our Website. Express Publications expressly disclaims any belief in the truth or falsity of any of the information posted by Users on Our Website.
16.2 To the fullest extent permitted by law, Express Publications disclaims all warranties, express or implied or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose relating to Your use of Our Website, or access to or non-access to Our Website. In addition, Express Publications does not warrant that Our Website or the server that makes it available or emails sent from Express Publications are free of viruses or other harmful components.
16.3 We will not be held responsible if a buyer, seller or barterer does not complete a transaction.
16.4 From time to time Express Publications may change Our Website to add or remove features or services, without incurring any liability to You.
17. Links
17.1 Our Website may contain links (hyperlinks) to Third Party Websites that are not owned, operated or maintained by Express Publications. Express Publications has no control over the content or policies of such Third Party Websites and accepts no responsibility for any Loss arising from Your use of a Third Party Website.
17.2 Links to Third Party Websites are for Your convenience only and do not constitute endorsement or recommendation by Express Publications of any material found at those sites.
17.3 You visit Third Party Websites entirely at Your own risk. We strongly recommend that You carefully read the terms of use and any related policies of each Third Party Website.
18. Cookies
18.1 During Your use of Our Website, We may issue to and request from Your computer blocks of data known as “cookies”. By using Our Website You authorise Us to issue such cookies to Your computer. You must not alter any cookies sent to Your computer from Our Website and You must ensure that Your computer sends correct and accurate cookies in response to any relevant request from Our Website.
19. Miscellaneous
19.1 If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Agreement which will continue in full force and effect. All rights not expressly granted are reserved.
19.2 If You breach any provision of this Agreement and Express Publications has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against You will not constitute a waiver of Our legal rights. Any waiver or legal rights granted under this Agreement will only be effective if it is in writing and signed by Express Publications.
19.3 This Agreement may be assigned by Express Publications without your consent.
19.4 All complaints in relation to Our Website between You and Us should be reported to
info@craftlovers.com.
20. Governing law and jurisdiction
20.1 All matters relating to Our Website are governed by and are to be construed according to the laws applicable in the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
20.2 Express Publications has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if Express Publications considers (in its discretion) that the action is necessary or desirable.
21. Using Our Website from outside Australia
21.1 If You access Our Website from a country other than Australia and the Content and this Agreement does not satisfy the laws of Your country, You are not entitled to use Our Website.
21.2 If You do use Our Website despite infringing clause 21.1, You agree to indemnify Express Publications for any Loss which may be incurred as a consequence.
22. Protecting Your Privacy
Our Website has a Privacy Policy that applies to all Users and is incorporated into this Agreement by reference. You should read the Privacy Policy before using Our Website.
Australian Competitions Club
