Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE AND SERVICES OFFERED BY CRAFTY DOWNLOADS. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.CRAFTYDOWNLOADS.COM (THE “SITE”), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY CRAFTYDOWNLOADS (COLLECTIVELY, THE “SERVICES”).

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. Crafty Downloads is a Venue

Crafty Downloads acts as a venue to allow users who comply with Crafty Downloads policies to offer, sell and buy certain goods within a fixed-price format. Crafty Downloads is not directly involved in the transaction between buyers and sellers. As a result, Crafty Downloads has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items. Crafty Downloads does not pre-screen users or the content or information provided by users.

Consequently, Crafty Downloads does not transfer legal ownership of items from the seller to the buyer.

Crafty Downloads cannot guarantee the true identity, age, and nationality of a user. Crafty Downloads encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Crafty Downloads is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Crafty Downloads. You use the Crafty Downloads service at your own risk.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Crafty Downloads’ policies as stated in the Agreement and the Crafty Downloads policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Crafty Downloads, each of which is incorporated herein by reference and each of which may be updated by Crafty Downloads from time to time without notice to you:

In addition, some services offered by Crafty Downloads may be subject to additional terms and conditions promulgated by Crafty Downloads from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Crafty Downloads of any unauthorized use of your password or any breach of security. You also agree that Crafty Downloads cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Crafty Downloads without Crafty Downloads’ express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Crafty Downloads you must provide and maintain a valid PayPal account.

Account Transfer: You may not transfer or sell your Crafty Downloads account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Crafty Downloads reserves the right, in Crafty Downloads’ sole discretion, to cancel unconfirmed or inactive accounts, or temporarily or indefinitely suspend members. Crafty Downloads reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing

Joining and setting up a shop on Crafty Downloads is free. Crafty Downloads charges a percentage of the sale price when the item sells. Crafty Downloads Fee Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Crafty Downloads’ services are effective after Crafty Downloads provides you with at least fourteen (14) days’ notice by posting the changes on the Site. Crafty Downloads may, at Crafty Downloads’ sole discretion, change some or all of Crafty Downloads’ services at any time. In the event Crafty Downloads introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in £ Pounds Sterling (GBP).

In certain situations, including but not limited to a void or invalid transaction, Crafty Downloads may issue a credit for the applicable fees to a seller’s billing statement.

 

Fees and Termination: You are able to terminate your vendor account at any time on Crafty Downloads without penalty.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Crafty Downloads’ published policies. You also warrant that you may legally sell the item and are not restricted by any Copyright regulations. You must accurately describe your item and all terms of sale in your Crafty Downloads shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Crafty Downloads shop. These policies may include, for example, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Crafty Downloads’ site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Crafty Downloads reserves the right to request that a seller modify a shop policy.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Crafty Downloads and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Crafty Downloads.

Restricted Activities: Your Content and your use of Crafty Downloads shall not:

  1. Be false, inaccurate or misleading
  2. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  3. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Crafty Downloads staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  4. Interfere with a seller’s business or shop
  5. Take any action that may undermine online reviews or feedback
  6. Be obscene or contain child pornography
  7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  8. Host images not part of a listing
  9. Modify, adapt or hack Crafty Downloads or modify another website so as to falsely imply that it is associated with Crafty Downloads;
  10. Appear to create liability for Crafty Downloads or cause Crafty Downloads to lose (in whole or in part) the services of Crafty Downloads’ ISPs or other suppliers
  11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on Crafty Downloads.

Furthermore, you may not list any item on Crafty Downloads that, could cause Crafty Downloads to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: Crafty Downloads does not claim ownership rights in your Content. You grant Crafty Downloads a license solely to enable Crafty Downloads to use any information or Content you supply Crafty Downloads with, so that Crafty Downloads is not violating any rights you might have in that Content. You grant Crafty Downloads a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Crafty Downloads to store, translate, or re-format your Content on Crafty Downloads and display your Content on Crafty Downloads in any way Crafty Downloads chooses. Crafty Downloads will only use personal information in accordance with Crafty Downloads’ Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Crafty Downloads user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Crafty Downloads-related communications. Crafty Downloads has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Crafty Downloads user to your email or physical mail list. For more information, see Crafty Downloads’ Privacy Policy.

Re-Posting Content: By posting Content on Crafty Downloads, it is possible for an outside website or a third party to re-post that Content. You agree to hold Crafty Downloads harmless for any dispute concerning this use. If you choose to display your own Crafty Downloads-hosted image on another website, the image must provide a link back to its listing page on Crafty Downloads.

Idea Submissions: Crafty Downloads considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Crafty Downloads shall not be liable for the disclosure or use of such Material. If, at Crafty Downloads’ request, any member sends Material to improve the site (for example through the Forums or to customer support), Crafty Downloads will also consider that Material to be non-confidential and non-proprietary and Crafty Downloads will not be liable for use or disclosure of the Material. Any communication by you to Crafty Downloads is subject to this Agreement. You hereby grant and agree to grant Crafty Downloads, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

Crafty Downloads does not control the Content provided by users that is made available on Crafty Downloads. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Crafty Downloads, you agree to accept such risks and that Crafty Downloads (and Crafty Downloads’ officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Crafty Downloads. Please use caution, common sense, and practice safe buying and selling when using Crafty Downloads.

Other Resources: Crafty Downloads is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Crafty Downloads does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Crafty Downloads shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Resolution of Disputes and Release

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Crafty Downloads encourages you to contact the user or third party to resolve the dispute amicably.

You release Crafty Downloads (and Crafty Downloads’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

 

9. Breach and Content Removal

Without limiting any other remedies, Crafty Downloads may, without notice, immediately remove Content, warn Crafty Downloads’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Crafty Downloads suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; Crafty Downloads is unable to verify or authenticate any of your personal information or Content; or Crafty Downloads believes that a user is acting inconsistently with the letter or spirit of Crafty Downloads’ policies, has engaged in improper or fraudulent activity in connection with Crafty Downloads or the actions may cause legal liability or financial loss to Crafty Downloads’ users or to Crafty Downloads.

Crafty Downloads reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Crafty Downloads.

10. Privacy

Except as provided in Crafty Downloads’ Privacy Policy Crafty Downloads will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Crafty Downloads stores and processes Content on computers located in the UK that are protected by physical as well as technological security.

11. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Crafty Downloads AND (AS APPLICABLE) Crafty Downloads’ PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

12. No Guarantee

Crafty Downloads does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Crafty Downloads’ control.

13. Taxes

CraftyDownloads will not collect VAT on your behalf however we have restricted the site to be available to only non EU digital VAT countries and the UK. You (as a “seller”) will be responsible for declaring any income tax, or other tax implications of any sale on Crafty Downloads.

14. No Agency

You and Crafty Downloads are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Crafty Downloads Service

Crafty Downloads reserves the right to modify or terminate the Crafty Downloads service for any reason, without notice, at any time. Crafty Downloads reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Crafty Downloads makes a material change Crafty Downloads will notify you here, by email, by means of a notice on our home page, or other places Crafty Downloads deems appropriate. What constitutes a “material change” will be determined at Crafty Downloads’ sole discretion, in good faith, and using common sense and reasonable judgment.

25. Disclosures

The services hereunder are offered by Crafty Download, located at: 106 Straight Rd, Old Windsor, SL4 2SB.