Terms of Use Agreement

Hello! Thank you for reviewing our Terms of Use Agreement (“Agreement,” as further defined below). We applaud you. You must agree to this Agreement if you’re going to use the Miss. Carrie’s Creations website or any of the services offered by Miss. Carrie’s Creations on the website or through mobile applications.  This is a legal agreement written so that we have the proper language on our site, and that’s the language that counts. We’ve also provided simplified wording to summarize some of the key points, but please remember that the Agreement itself is what is legally binding. Thanks for joining the Miss. Carrie’s Creations community!

Terms of Use Agreement

This agreement applies as between you, the User of this Website and Miss. Carrie’s Creations, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your order has been accepted.

IN SIMPLE TERMS

Please read this stuff so that you understand the rules under which we will engage with you. Each time you use our Services, you’re agreeing to be bound by everything in the current Agreement. The Agreement may change in the future.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

  • “Account”: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
  • “Content”: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
  • “Facilities”: means collectively any online facilities, tools, services or information that Miss. Carrie’s Creations makes available through the Website either now or in the future;
  • “Services”: means the services available to you through this Website and the proprietary e-learning platform;
  • “Payment Information”: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
  • “Premises”: Means Our place of business located at [709 5th Street, Kersey, Colorado, USA];
  • “System”: means any online communications infrastructure that Miss. Carrie’s Creations makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
  • “User” / “Users”: means any third party that accesses the Website and is not employed by Miss. Carrie’s Creations  and acting in the course of their employment;
  • “Website”: means the website that you are currently using https://misscarriescreations.com/ and any sub-domains of this site (e.g. https://createwithmisscarrie.getlearnworlds.com/, https://allthecraftygoods.misscarriescreations.com) unless expressly excluded by their own terms and conditions; and
  • “We/Us/Our”: means Miss. Carrie’s Creations, a company incorporated in the United States, located at 709 5th Street, Kersey, Colorado, USA.

IN SIMPLE TERMS

Most of this doesn’t need a translation, but you need to know what we are referring to in the rest of this agreement.

2. Affiliate and Product Use Disclosure

This blog, social media posts, and videos provided are written and edited by Miss. Carrie. This blog accepts forms of cash advertising, sponsorship, paid insertions, or other forms of compensation.  The compensation received will never influence the content, topics or posts made in this blog. All advertising is in the form of advertisements generated by a third-party ad network.

The owner(s) of this blog are not compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this blog are purely by the blog owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.

The owner(s) of this blog would like to disclose the following existing relationships. These are companies, organizations or individuals that may have a significant impact on the content of this blog. We are employed by, consult with, or design for: Bramble Fox UK, Creative Fabrica, Hip Kit Club, Not2Shabby, {Not} Just for Boys Club, Scrapbook.com, and the Dusty Attic.  We also occasionally guest design for various companies throughout the year.

IN SIMPLE TERMS

This explains how affiliate marketing works and the government requires that I explain it to you.  I participate in several affiliate programs & receive a small commission when products are purchased through links I provide on my blog, classroom site, and social media platforms. It does not cost you anything additional to use those links.  They do, however, provide me with the income needed to produce creative content.  This small compensation allows me to continue doing what I love – teaching you through video tutorials and creative classes.

I am often gifted with products to work with by companies I design for or sold products at a discounted rate.  This does not influence the content provided to you.  I only use and recommend what I myself use in my craft room. 

3. Age restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

IN SIMPLE TERMS

While all the content I provide is considered child safe by some, I do require that an adult be aware of the content children are viewing.  Any payment provided must be provided by an adult (Defined at 18 years of age or more).

4. USAGE GRANT

Miss. Carrie’s Creations grants you the right to use the content on this site for personal use. Any materials purchased will be accompanied by a usage agreement which you must abide by to continue using said product. You agree not to infringe on our intellectual property rights or the intellectual property rights of any third parties with whom we have business relationships, and you will comply with the terms of any applicable license agreements.

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Miss. Carrie’s Creations, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable the United States and International intellectual property and other laws.
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

IN SIMPLE TERMS

The content I share is designed to teach you, but I am required to explain what you can and cannot share, post, sell, or giveaway to others.  You are welcome to use the content for personal use, but Miss. Carrie’s Creations still owns the right to it.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

IN SIMPLE TERMS

The content I share from other companies also has a usage agreement.  Before you can use it, you must ask permission from that manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

IN SIMPLE TERMS

The content can be reused in these circumstances.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Miss. Carrie’s Creations or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

IN SIMPLE TERMS

I cannot control everything the site provider places on my site. Please be careful where you click.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact us by email at support@misscarriescreations.com.

IN SIMPLE TERMS

It’s a great compliment that you wish to share what I have created on other sites, but these creations belong to me and I require that you ask permission before sharing.

9. Use of Communications Facilities

  • 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
    • 9.1.1 You must not use obscene or vulgar language;
    • 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
    • 9.1.3 You must not submit Content that is intended to promote or incite violence;
    • 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
    • 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
    • 9.1.6 You must not impersonate other people, particularly employees and representatives of Miss. Carrie’s Creations or Our affiliates; and
    • 9.1.7 You must not use Our System for unauthorized mass-communication such as “spam” or “junk mail”.
  • 9.2 You acknowledge that Miss. Carrie’s Creations reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that Miss. Carrie’s Creations may retain copies of any and all communications made to Us or using Our System.
  • 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

IN SIMPLE TERMS

If you are going to leave a comment on my website, social media platforms, videos, or classroom forum, I ask that you play nice and follow the rules. If you cannot follow the rules, your comment will be removed. No exceptions.

10. Accounts

  • 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
    • 10.1.1 all information you submit is accurate and truthful;
    • 10.1.2 you have permission to submit Payment Information where permission may be required; and
    • 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

IN SIMPLE TERMS

A few of the resources and classes I provide do require payment. This section explains that you will be required to set up and account to provide payment.

11. Termination & Cancellation of Accounts

  • 11.1 Either Miss. Carrie’s Creations or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
  • 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

IN SIMPLE TERMS

Both parties have to right to cancel the account without reason.

12. Services, Pricing and Availability

  • 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Miss. Carrie’s Creations correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

IN SIMPLE TERMS

This explains how items are priced on my shop and classroom site. Just like other shopping sites you frequent, I have sales, discounts, or offer occasional coupons.

13. Orders and Provision of Services

  • 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Miss. Carrie’s Creations and you.
  • 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
    • 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
    • 13.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
    • 13.2.3 Relevant times and dates for the provision of the Services;
    • 13.2.4 User credentials and relevant information for accessing those services.
  • 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
  • 13.5 We aim to fulfill your Order within 5-7 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales, but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6  Miss. Carrie’s Creations shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days. Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 13.8  Miss. Carrie’s Creations provides technical support via our online support forum and/or phone. Miss. Carrie’s Creations makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

IN SIMPLE TERMS

If you purchase an item on my site, these are the conditions of purchase.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from Miss. Carrie’s Creations. If you need to speak to us about your Order, then please contact customer care by email to support@misscarriescreations.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.

  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Miss. Carrie’s Creations and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: support@misscarriescreations.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
  • 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
    • 14.2.1 If the Services are fully performed within the 14-calendar day cooling off period, you will lose your right to cancel after the Services are complete.
    • 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
  • 14.3 Cancellation of Services after the 14-calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

IN SIMPLE TERMS

You have the right to cancel your order. This is the cancellation policy and terms of cancellation. There are some exclusions that apply to online orders, so please sure that you understand these.

You must notify me within 24 hours of purchase that you wish to cancel. Refunds can take up to four weeks to return to your account.

15. Privacy

Use of the Website is also governed by Our Privacy Policy which provided on our website. Please click here to review those policies.

IN SIMPLE TERMS

There are already a lot of words to read here, so we put the privacy policy on another page.

16. Disclaimers

  • 16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  • 16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
  • 16.4 Whilst We use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

IN SIMPLE TERMS

I don’t take advice and I don’t give it. I do my best to share projects and products I love, but I’m not everyone’s cup of tea. If you are not a fan of my work, I won’t be offended. You are free to unsubscribe and no longer visit my site.

I am a human who makes mistakes, so please do your own research. Don’t click on anything that looks suspicious. If you are concerned about a link, please contact support@misscarriescreations.com

17. Changes to the Facilities & these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

IN SIMPLE TERMS

All the words you are reading may change in the future.

18. Availability of the Website

  • 18.1 The Website is provided “as is” and on an “as available” basis. Miss. Carrie’s Creations uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

IN SIMPLE TERMS

There will be times that this site is not available. I will do my best to correct the issue.

19. Limitation of Liability

To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.

IN SIMPLE TERMS

Please be careful when you are crafting. It can be dangerous to some and I am not liable for your mistakes.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

IN SIMPLE TERMS

You are agreeing to the current terms and the terms I take the time to write in the future.

21. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Miss. Carrie’s Creations.

IN SIMPLE TERMS

These terms are just between you an me.

22. Communications

  • 22.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to support@misscarriescreations.com Such notice will be deemed received 5 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 22.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

IN SIMPLE TERMS

If you send me a legal letter, it will take me time to read it and respond.