Important Notice Regarding Claims and Agreement to Arbitrate
Please note: these Terms contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Websites. These are found in the Disclaimer of Warranties, Limitation of Liability and Indemnification and Arbitration Sections below. Please read these terms carefully and make sure that you understand them before continuing with your use of the Websites. If you do not agree to such terms, please do not use the Websites.
As part of the services we provide, you may be able to register for an account ("Account") and access the services offered via the Websites through your Account by means of an Internet connection or a wireless network (neither of which Faber-Castell provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity, including using another person's username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults (i.e., 18 years of age or older) and reside in the and reside in the United States or any of its territories or possessions. The Websites are offered and available to users who are 18 years of age or older, however, if you are a parent or guardian, you may permit your child to use your Account instead of you, provided that parents and guardians are responsible for the activities of their child. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with Faber-Castell and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
Accessing the Websites and Account Security
We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.
You are responsible for:
· Making all arrangements necessary for you to have access to the Websites.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Faber-Castell, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
· Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.
The Faber-Castell name, the Faber-Castell logo and, except as otherwise noted, all other trademarks, logos, service marks, product and service names, designs, slogans and trade names displayed on this site are registered and unregistered trademarks and trade names (“Trademarks”) that are owned or licensed by Faber-Castell, its subsidiaries or its affiliated companies. You must not use such Trademarks without the prior written permission of Faber-Castell. Where specifically indicated, the other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To impersonate or attempt to impersonate Faber-Castell, a Faber-Castell employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm Faber-Castell or users of the Websites or expose them to liability.
Additionally, you agree not to:
· Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites, including their ability to engage in real time activities through the Websites.
· Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
· Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Websites.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
· Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Websites.
The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, mechanisms that permit you to submit pictures and other content you have created (e.g., our Project Gallery feature) and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
By submitting a User Contribution, you represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
· You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Faber-Castell, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
· We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website
However, we do not undertake a duty to conduct a detailed review of all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please contact us at firstname.lastname@example.org. and provide us with the following information:
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
It is the policy of Faber-Castell to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. There may be information on the Websites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. Faber-Castell USA, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
The Websites may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Faber-Castell, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Faber-Castell. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Websites
We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Websites
Online Purchases and Other Terms and Conditions
All internet purchasing transactions are performed on a webpage hosted by Kibo Software, Inc. (formerly known as Shopatron Inc.), a secure site operated by an un-affiliated third party company. All purchases through our site or other transactions for the sale of goods or services formed through the Websites or as a result of visits made by you are governed by the following terms, in addition to the policies applicable to the Kibo/Shopatron checkout process.
A. No Purchases by Minors
By ordering a product online from Faber-Castell you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from us without parental or guardian permission, the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
Tax may be applied to your order if it ships from the same state or province as your shipping address. In this case, the order total that you see at checkout will be adjusted to add in the tax amount appropriate for your location. You can elect to be notified if tax applies to your order by e-mail at Step 2 of your Order Checkout process.
C. Shipping and Handling Charges
(All states except AK, HI, PR)
Purchases < $99.99 $5.95 Standard Ground
Purchase from $100.00 - $499.99 $7.95 Standard Ground
Purchases > $500.00* Free Shipping
*Orders containing $75.00 or more of Creativity for Kids or Premium Children's Art Products (“Children's Brand Products”) receive free shipping (the “Free Shipping Promotion”). Free Shipping Promotion applies to United States UPS Ground shipments only on orders of $75 or more in the same order. Additional shipping charges may apply for any order not shipping via UPS-Ground. Offer Valid for Children's Brand Products only. Subject to Change without Notice.
AK, HI, PR $25.00 2nd Day
Rush Orders $35.00 Next Day, $25.00 2nd Day (Expedited shipments are available only if we are contacted directly and agree to expedite the order in advance.)
** Sometimes, additional shipping and handling charges or taxes apply to an order, causing its actual total to exceed the amount that the consumer approved at checkout. In these cases, the order is placed on Waiting for Customer Acceptance status and Shopatron e-mails the consumer to inform them of the new amount. The consumer can either approve the new total, do nothing, or cancel the order.
If the consumer approves the new total, Shopatron will process the customer's payment immediately. If the consumer does nothing, Shopatron automatically processes the customer's payment after one business day. If the consumer cancels the order, the order is not shipped and the customer is not charged. These consequences are communicated to the consumer via email.
***Items are not available for shipment outside the US.
D. Returning Merchandise
When you receive your order, the contact information of the Shopatron merchant shipper will be displayed in the paperwork. Please keep your paperwork in case you need to arrange for returns or exchanges, and read the instructions thoroughly for faster processing of returns. Also, please keep any emails you receive regarding your order, as they may contain important information.
Your order must be returned to the merchant shipper in order to receive full product credit, your shipping costs will not be refunded. Contact the merchant shipper for help or assistance in processing a return.
Merchandise will be accepted for return within 30 days of receipt. The merchandise must be in new and unused condition and in its original packaging.
If the item you wish to return is inoperable, but has no apparent damage, it is considered defective. Defective merchandise should be returned directly to the manufacturer for warranty repair or replacement.
Damaged merchandise includes items that have been damaged in shipping. If a shipment arrives at your door with apparent shipping damage, please refuse the delivery. If you have already accepted delivery and then find shipping damage, please call the merchant shipper immediately. The contact information for the merchant shipper will be in the box. Save all packaging material and paperwork; do not throw anything away! If you attempt to return the merchandise yourself, you will jeopardize our chances of making a claim, and you may not receive credit for the return.
Linking to the Websites and Social Media Features
To request permission to link to one of the Websites, please contact us at email@example.com. Please include your name, company name, and website url.
The Websites may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on the Websites.
· Send e-mails or other communications with certain content, or links to certain content, on the Websites.
· Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Websites other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Websites
We do not currently link to other websites. The functionality may be added in the future. If you are interested in requesting a link to your website, please contact us at firstname.lastname@example.org. Please include your name, company name, website url and a brief explanation of the purpose for the link.
If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Websites is based in the state of Ohio in the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties, Limitation of Liability and Indemnification
Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Websites. However, it is possible that information contained or made available on the Websites may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Websites will be uninterrupted or error free or that the Websites, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data.
If you notice any errors or omissions in the information contained on the Websites or other concerns, please report them to us for investigation.
YOUR USE OF THE WEBSITES AND THE CONTENT PROVIDED ON THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND THE CONTENT PROVIDED ON THE WEBSITES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEBSITES OR THE CONTENT PROVIDED ON THE WEBSITES, OR ANY HYPERLINKS ON THE WEBSITES TO OTHER INTERNET RESOURCES.
Limitation of Liability. FABER-CASTELL USA, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE “FABER-CASTELL PARTIES”) SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY CONTENT PROVIDED ON THE WEBSITES, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED ON THE WEBSITES OR YOUR PROVISION OF USER INFORMATION OR USER CONTRIBUTIONS TO THE WEBSITES, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE FABER-CASTELL PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.
The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.
To the fullest extent permitted by law, by using the Websites, you agree that if a dispute arises between you and the Faber-Castell Parties regarding these Terms or Use or the Websites, BOTH YOU AND THE FABER-CASTELL PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE FABER-CASTELL PARTIES MUST BE ARBITRATED IN OHIO. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE FABER-CASTELL PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Faber-Castell Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Websites are operated by Faber-Castell USA, Inc. located at 9450 Allen Dr, Cleveland, OH 44125.
All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: email@example.com.
Thank you for visiting the Websites.
Rev. August 2016