The Outside the Box Creation website and services are provided by Outside the Box Creations, LLC. (“Outside the Box Creation” or “we” or “us”). These terms and conditions govern your (or “you”) access to and use of the
Acceptance of Terms. By using our Website, purchasing our Products and/or subscribing to our Services or purchasing a subscription or Product for someone else, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
Scope of Service. Outside the Box Creation provides this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Website Content. Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
• The Content may be used solely for personal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
• The Content may not be modified.
• Copyright, trademark, and other proprietary notices may not be removed.
Products and Pricing. All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Outside the Box Creation reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Outside the Box Creation will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge. Outside the Box Creation also reserves the right to substitute a previous month’s box for current month’s box if we run out of stock of current month’s box. We will only do this with a box that you have not received from us prior to current month.
Transactions and Payments. The price of the Services and/or goods is payable in full before delivery unless you have agreement from Outside the Box Creation to accept your purchase order. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Outside the Box Creation the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Outside the Box Creation will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Shipping and Risk of Loss. Unless otherwise indicated at the time of your purchase, shipping fees are in addition to your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Outside the Box Creation within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Returns and Exchanges. If a product is defective, you may return it within thirty (30) days of receipt and we will send you a new item or credit your account. To request a refund, please contact us at firstname.lastname@example.org.
When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address as displayed on the Website. Please note credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of Outside the Box Creation. Shipping, return, and exchange of any products delivered by us in connection with your subscription are subject to the Outside the Box Creation Shipping, Return, and Exchange Policy.
Local Taxes. You may be charged local sales tax or VAT, if applicable.
Monthly Subscription Delivery. As an Outside the Box Creation subscriber, each month we will ship you a package with a different selection of art supplies and a book to share, as well as instructions for your art adventure. These items will vary from month to month and will include a variety of products. Each month of your subscription, the selection of products will change. Accordingly, Outside the Box Creation cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe. UNLESS PREPAYMENT IS MADE PRIOR TO SUBSCRIPTION, BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.
Subscription Cancellation. We work hard to make your subscription satisfying; however, you may cancel your ongoing membership through the account page on the Website. YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL. We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.
Subscription Billing and Renewal. You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month via a pre-paid subscription, (e.g., a twelve month plan), you will be charged a lump sum at the beginning. For your convenience and continuous subscription benefits as a subscriber if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of products.
International Access. This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Subscription
Limitation of Liability. IN NO EVENT SHALL OUTSIDE THE BOX CREATION, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE OUTSIDE THE BOX CREATION TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO OUTSIDE THE BOX CREATION IN THE THEN-PRIOR CALENDAR MONTH.
Indemnification. By using this Website, our Services, or supplied products, you agree to indemnify, hold harmless and defend Outside the Box Creation from any claims, damages, losses, liabilities, and all costs and expenses of
defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or products by you or any other person accessing the Website using your subscription login account.
Content Submitted by Users.
Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Outside the Box Creation. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Outside the Box Creation, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
Prohibited Content. By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
• Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Outside the Box Creation.
• Post Content which infringes another’s copyright, trademark or trade secret.
• Post unsolicited advertising or unlawfully promote products or services.
• Harass, threaten or intentionally embarrass or cause distress to another person or entity.
• Impersonate another person.
• Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
• Exploit children under 18 years of age.
• Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
• Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
• Obtain unauthorized access to any computer system through the Website.
• Invade the privacy of any person.
• Violate any federal, state, local, or international law or regulation.
• Encourage conduct that would constitute a criminal or civil offense.
Submitted Content. Outside the Box Creation does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Outside the Box Creation a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. Outside the Box Creation will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
Minors. You must be 18 years of age or older to use Outside the Box Creation website services or register for the purchase of products. Minors can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers, and purchasers. Outside the Box Creation adult projects should be created only by adults. Outside the Box Creation child product should be created only with adult supervision. Outside the Box Creation cannot verify that products included in our Outside the Box Creation child boxes will be suitable for a certain age or a certain child. It is the parent or guardian’s responsibility to verify suitability and safety of a given supply or medium prior to giving it to the child. Children should be monitored, as necessary, while working on Outside the Box Creation projects. Outside the Box Creation shall not be made liable for injuries to children due to inadequate supervision.
Intellectual Property Rights. Unless otherwise noted, all Content contained on this Website is the property of Outside the Box Creation and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Copyright Infringement; Notice and Take Down Procedures. If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Notices sent by mail may be sent to: 2936 Saratoga Rd., Langley, WA 98260-8016. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
Security. When you register to participate in Outside the Box Creation services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Disclaimer of Warranty. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF PRODUCTS ARE SUITABLE FOR USE BY A CHILD. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR APPROPRIATENESS FOR AN INDIVIDUAL CHILD’S AGE AND/OR MATURITY LEVEL. Under no circumstances will we be liable for any loss or damage caused by your use of products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN THE DISCRETION OF OUTSIDE THE BOX CREATION. YOU MAY RETURN DEFECTIVE PRODUCTS ONLY WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, OUTSIDE THE BOX CREATION DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Links to Third-Party Websites. This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Outside the Box Creation, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.
Termination. We may terminate any user’s monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
Enforcement. These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of Washington, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Island County, Washington, U.S.A., under the commercial arbitration rules of the JAMS. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, Outside the Box Creation shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of Washington or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.
Severability. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Outside the Box Creation.