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TERMS OF USE
Effective August 18, 2010

Welcome to BlumenthalLansing.com (the “Site”). Please read these Terms of Use before using the Site. The Terms of Use constitue a binding agreement between You and the Blumenthal Lansing Company (referred to as the “Company”, “we”, “us” and “our”). The Terms of Use may be updated from time to time and the latest version will be posted on the Site. By accessing the Site or using the services provided therein, you agree to be bound by the Terms of Use in its then current form. Accordingly, you should visit this page periodically to review the most current Terms of Use. If you do not agree to the Terms of Use, please do not use the Site or any of the services provided on the Site. Users who violate these terms may have their access and use of the Site suspended or terminated, at the discretion of the Company.

Eligibility

You must be 18 years of age or older to use the Site.

Privacy

The Company's Privacy Policy governs the use of personal and identifying information on the Site. We use the personal information we receive internally within the Company but we do not sell, transfer, or share this personally identifiable information with third parties.

Copyrights and Trademarks

All content on the Site (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by the Company and/or its content providers and is protected by copyright and other applicable laws. You may access or print the material contained on the Site in order to review our products and create the projects on our website, provided You do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials You access or print. No right, title or interest in any downloaded content is transferred to You as a result of any such downloading or copying. You may not sell, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the content on the Site. Except as may be permitted by law, You are required to obtain permission from the copyright owner before reusing any copyrighted material on this Site.

Trademarks, logos and service marks displayed on this site are registered and unregistered marks of Company and their content providers or other third parties and are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission.

Third Party Links

The Site may contain links to web sites of, and advertisements for, third parties. We are not responsible or liable for any off-site web pages accessible from or linked to the Site or any information contained therein. Links to off-site web pages should not be construed as third party endorsement, sponsorship or affiliation of, with or by the Company. Any opinions or recommendations expressed in any third party sites should not be construed as the opinions, recommendations or views of the Company. You link to any third party site at Your own risk.

Use of Site

The Site is designed to provide information about the Company's products and ideas for using such products. We are a wholesale company and do not sell directly to consumers. Our buttons and other products are available at many fabric & craft stores as well as some variety and discount stores. Please visit our store locator to find a store nearest You.

The material on our Web site is intended for personal, non-commercial use. This includes material such as the projects, patterns, designs, instructions, images, photographs and text. You may use the Site and the Company's products to make projects to sell at craft shows and other smaller venues. You may not mass produce these projects without written permission from the Company. You are not permitted to make projects for resale using licensed designs (i.e., Dena Fishbein, Mary Engelbreit). Inquiries regarding use of such designs should be addressed directly to the licensors of such designs.

You agree that Your use of the Site and materials therein will be in compliance with all applicable laws and regulations, and that You will not use, or knowingly allow any other person to use, the Site or materials therein for or in connection with, any illegal purpose or activity.

We reserve the right to refuse service, terminate accounts, remove or edit content , or cancel orders in our sole discretion.

Unless otherwise specified, the Site and its contents are intended to promote our products and services available in the U.S.

Use of Tools and Materials

We emphasize that proper and safe use of products and crafting tools requires following the written instructions for that product. Some craft products contain hazardous substances and are not safe for use by children. In addition, extreme care and caution should be taken when using any crafting tool that contains sharp pieces or requires heat in its operation, such as a glue gun. For more specific warnings and other valuable information about the proper use of crafting tools products, please see the manufacturer's written instructions accompanying the crafting tool or product.

Posted Content and Submissions

Some portions of the Site (including but not limited to blogs and project forums) are designed to provide an open, friendly forum for learning about and exchanging ideas about crafts and craft-related topics, sharing Your work, and keeping in contact with groups You may form online. These portions enable users to post reviews of and make submissions and comments, regarding various products, projects and information contained on the Site.

You are solely responsible for any content that You post onto the Site, including, but not limited to, projects ideas, comments, reviews and instructions for crafts (“User Content”). Any User Content, idea or information posted by You on the Site is publically available to other Users. If You have an idea, information or other content that You would like to keep confidential or that is subject to third party rights, do not post it on the Site. The Company is not responsible for any misuse or misappropriation of any ideas, content or information that is posted by Users on the Site.

By posting any User Content to the Site, You automatically grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, fully paid and fully licensable right (including moral rights) to use, copy, reproduce, modify, adapt, publish, display commercialize and distribute such User Content throughout the world in any media (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. If You post User Content to the Site, You also permit any other User to access, display, view, store and reproduce such User Content for personal or business use.

The Company will not pay You or anyone else for any information that You provide to the Site. You also grant the Company and our licensees the right to use the name that You submit with Your submission in connection with that submission. You are solely responsible for the content of Your submissions. We assume no liability for any content submitted by You. You agree that You have no expectation of privacy with regard to any content that You submit.

In posting or submitting User Content to the Site, You will be respectful of the ideas and opinions of others. You will not use any expression of racism, bigotry, obscenity or profanity. You agree will refrain from posting messages about products or services for sale. ADVERTISING OF ANY KIND IS PROHIBITED, as is requesting site members or other users to use Your name to gain referral benefits or other solicitations. Consumers are welcome to share their ideas about products. However, You may not promote Your own products on the message boards. We reserve the right to delete posts that we suspect as advertising and ban suspected advertisers without warning.

You shall not directly or indirectly upload, download, manipulate, transmit, publish, broadcast or otherwise provide or disseminate any User Content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) that contains incomplete, false or inaccurate biographical information or information that is not Your own.

The forum system uses cookies to store information on your local computer. These cookies do not contain any of the personal information you enter; they serve only to improve your viewing pleasure. The e-mail address is used only for confirming your registration details and password (and for sending new passwords should you forget your current one).

In particular, You shall comply with the Can-Spam Act, the National Do Not Call Registry, and state privacy laws. In this regard, in connection with any posted content, email or other communication or transmission, You shall not use a false email or postal address, impersonate any person or entity or otherwise mislead as to the origin of the content, email or other communication or transmission. For communications covered by the Can-Spam Act, You shall provide a mechanism that allows a recipient to opt-out of, or end, any future email messages from the sender and shall honor any such requests.

The following list is illustrative of the type of material that is prohibited on the Site:

  • Content that is abusive, threatening, obscene, defamatory or libelous;
  • Content that is implicitly or explicitly offensive or promotes or endorses racism, bigotry, discrimination, hatred or physical harm of any kind or harasses or advocates harassment of any group or individual;
  • Content that promotes or endorses false or misleading information or illegal activities;
  • Content that involves the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass mailing;
  • Content that infringes upon patents, trademarks, copyrights, trade secrets or other intellectual property or proprietary rights of others;
  • Content that contains restricted or password only access pages, or hidden pages or images;
  • Content that displays or links to pornographic, indecent or sexually explicit material of any kind or provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
  • Content that violates someone's privacy or solicits passwords or other personal identifying information from other Users, or
  • Content that contains or creates computer viruses, worms, or other computer code that interrupts, destroys or limits the functionality of any computer software or hardware of Company or other Users.

Investigation and Disclosure of Information

Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen or monitor User Content, communications or other information associated with the Site. If Company is notified or otherwise becomes aware of User Content or other material which is allegedly in violation of the Terms of Use, Company may in its sole discretion investigate any complaint or reported violation and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating use of the Site and denying access to all or any portion of the Site. Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Company, damage Company's brand or public image, or cause Company to lose (in whole or in part) the services of its ISPs or other suppliers. Company has no liability or responsibility to You for the performance or nonperformance of such activities.

Company reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. Company may disclose registration or any other information provided by Users if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with Company's responsibilities with respect to any civil or criminal action, subpoena, court order or other compulsory disclosure and/or to respond to governmental requests or claims by third parties, or to protect the rights, property or safety of other Users or the public or to enforce the Terms of Use.

Claims Regarding Content

If You believe in good faith that User Content violates the Terms of Use or other applicable law or regulation, You may notify Company by sending an email to abuse@blumenthallansing.com.

Further Release for Client Content

YOU HEREBY RELEASE COMPANY FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR RELIANCE ON USER CONTENT.

If You are a California resident, You hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Copyright Infringement

If You believe a work on the Site constitutes infringement of Your copyright, You may submit a written notice to our Designated Agent pursuant to 17 U.S.C. ยง 512 of the Copyright Act, by email and fax, containing the following information:

(a) a statement that You are the owner of the copyrighted work or evidence of Your authorization to act on behalf of the owner of the copyrighted work;

(b) a description of the copyrighted work that You claim has been infringed;

(c) a description of where the alleged infringing material is located on the Site;

(d) Your address, telephone number, and email address;

(e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) Your physical or electronic signature.

The Company's Designated Agent for notice of claims of copyright infringement is registered with the United States Copyright Office, and may be found at the website: www.copyright.gov under the listing “Directory of Service Provider Agents for Notification of claims of Infringement.” Company has designated the following agent to receive notice of infringement Devi Shaheed.

Accuracy, Completeness and Timeliness of Information on This Site

We are not responsible if information made available on the Site is not accurate, complete or current. We reserve the right to modify the contents of the Site at any time, but have no obligation to update any information on the Site. It is Your responsibility to monitor changes to the Site.

Disclaimers

THE SITE, AND THE MATERIALS CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, ANY INFORMATION PROVIDED ON THE SITE OR ANY INFORMATION THAT IS AVAILABLE THROUGH THE SITE. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES OR ANY ADVICE OR INFORMATION, OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.

IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. BY USING THIS SITE, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM USE OF THE SITE OR EMAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY AND ITS REPRESENTATIVES DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, LEGALITY OR OPERABILITY OF THE SITE OR MATERIALS CONTAINED THEREIN.

ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to You.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, MULTIPLE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND/OR CONTENT AVAILABLE ON THE SITE, OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO COMPANY OR THE DELAY OR INABILITY TO USE THE SITE OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE, OR COMPANY'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION ON-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL COMPANY, ANY INFORMATION PROVIDER OR ANY OTHER PROVIDER OF SERVICES, DATA AND/OR INFORMATION FOR COMPANY BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION AND WHETHER SUCH DAMAGES WERE FORESEEN OR UNFORESEEN AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all suits, losses, claims, demands, liabilities, expenses, damages and costs, including reasonable attorneys fees, court costs and expenses, arising or resulting from Your use of the Site and/or the materials it contains, Your violation of these Terms of Use, or Your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives the termination of this Agreement.

If You cause a technical disruption of the Site or the systems transmitting the Site to You or others, You agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from that disruption. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and in such case, You agree to cooperate with Company in the defense of such matter.

Severability

If any one or more of the provisions of the Terms of Use shall be held to be invalid, illegal or unenforceable for any reason, then the validity, legally or enforceability of the remaining provisions of the Terms of Use shall not be affected thereby. To the extent permitted by applicable law, the parties waive any provisions of law that render any provision of the terms of Use invalid, illegal or unenforceable in any respect.

Jurisdiction and Applicable Law

The laws of the State of New Jersey govern the Terms of Use and Your use of the Site, and You irrevocably consent to the jurisdiction of the courts located in Bergen County for any action arising out of or relating to the Terms of Use.

Void Where Prohibited

We recognize that it is possible for You to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the United States. If any material on the Site, or Your use of the Site, is contrary to the laws of the place where You are when You access it, the Site is not intended for You, and we ask You not to use the Site. You are responsible for informing yourself of the laws of Your jurisdiction and complying with them.

The Company reserves the right to limit, in its sole discretion, the provision and quantify of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If You choose to access the Site from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws.

Miscellaneous

If any portion of any provision of the Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.

These Terms of Use constitute a binding agreement between You and the Company and are accepted by You upon Your use of the Site.

If You have any inquiries about our Terms of Use or its implementation, You may contact us at info@blumenthallansing.com.

These Terms of Use constitute a binding agreement between You and the Company and are accepted by You upon your use of the Site.