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Effective Date: October 12, 2020 (v 2.2.3)
These Terms of Use together with any documents, policies, or terms they incorporate by reference (“Terms of Use”) are entered into by and between you and Cricut, Inc. (“Cricut”, “we”, “our”, or “us”). For purposes of these Terms of Use “you” For purposes of these Terms, “you” refers to the individual visiting, viewing, using, or accessing the Cricut.com website and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials, SMS/texting services, or other online services provided by Cricut (collectively, "our Site"). These Terms of Use also govern your participation in any Sponsored Activity (as defined below).
Effective Date: June 17, 2020 (v1.0.1)
Unless a separately signed written agreement governs this Purchase Order, you and Cricut agree that the following terms replace and supersede any additional conflicting terms submitted with your Purchase Order and are the only terms under which CRICUT will sell or license its products ("Products") to you.
Prices for Products are those set out in CRICUT’s current Price List, less the applicable discount, if offered. CRICUT may modify the Price List at any time, including changes to the Products or their corresponding list prices. All Product prices include delivery from the CRICUT warehouse to your carrier, at which point title and risk of loss to the Products will pass to You. Except as may be specifically authorized in writing by CRICUT, and subject to CRICUT’s continuing approval of your credit status and financial condition, you will pay CRICUT for all Products ordered by within thirty (30) days of the date of the corresponding invoice issued by CRICUT. CRICUT, in its sole discretion, reserves the right to specify, and to change from time to time, your credit line and payment terms. All payments are to be made in US dollars. If at any time you are delinquent in the payment of any invoice, exceed the credit line established by CRICUT, or are otherwise in breach of the Purchase Order, CRICUT may, in its discretion, withhold shipment (including partial shipments) of any order or may require you to pay cash on delivery for further shipments. Payment not received by CRICUT when due may be subject to a late payment service charge.
It is Cricut’s policy that all sales are final; however in limited instances a return may be authorized. Prior to returning any inventory you must obtain a Return Material Authorization (RMA) number from Cricut. An application for return must be submitted within 30 days of receiving the merchandise. You must provide the PO and invoice number. Unauthorized returns will not be issued credit. For more information please contact Cricuts wholesale dept. at 1.800.937.7686.
CRICUT warrants to the end-user that each item of hardware ("Hardware") will be free from defects in workmanship and materials for its respective warranty period, which begins on the date of purchase by the end-user. End-users’ exclusive remedy and CRICUT’s sole obligation and liability under this warranty is to promptly repair or replace any failed Hardware returned to You on behalf of an end-user because of defects in workmanship or material.
CRICUT warrants to the end-user that each item of software ("Software"), as delivered or updated by CRICUT and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function during its respective warranty period substantially as described in the user documentation supplied by CRICUT with the Software. If any item of Software fails to so perform during its warranty period, as the sole remedy CRICUT or CRICUT’s supplier will at its discretion provide a suitable fix, patch or workaround for the problem, which may be included in a future revision of the Software.
These warranties do not apply to any Product which has been (i) altered, except by CRICUT or in accordance with its instructions, or (ii) used in conjunction with another vendor’s product resulting in the defect, or (iii) damaged by improper environment, abuse, misuse, accident or negligence. Replacement parts furnished under this warranty may be refurbished or contain refurbished components. The foregoing warranties and limitations are exclusive remedies and are in lieu of all other warranties express or implied, including without any limitation warranty of merchantability or fitness for a particular purpose.
CRICUT shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of malfunction of the Products, loss of profits or revenues or costs of replacement goods, even if CRICUT is informed in advance of the possibility of such damages. Except as required by law, in no event will CRICUT’s liability in connection with the Products or this Purchase Order exceed the amounts actually paid to CRICUT under this Purchase Order for the Products giving rise to such liability. These limitations apply to all causes of action in the aggregate. No action may be brought or arbitration demanded at any time more than twelve (12) months after the occurrence of the facts giving rise to the cause of action.
Parties will abide by all export laws and regulations of the United States with respect to export of any Hardware, Software or technical information provided by one to the other. Products shall not be supplied to a Distributor in any country if (1) the export of any such product to such country is prohibited by the laws of the United States, including the Export Regulations of the Department of Commerce of the International Traffic in Arms Regulation of the Department of State; (2) the import of any such Product into such country is prohibited by the laws of such country; or (3) the proper import certificate(s) required by the laws of such country for the lawful importation of any such product have not been obtained. Neither party shall be liable for delays or failure to meet obligations pursuant to this Purchase Order due to causes beyond the party’s reasonable control, provided the non-performing party promptly notifies the other party of the non-performance and takes all reasonable steps to recommence performance promptly.
Any disputes arising out of this Purchase Order shall be subject to the jurisdiction of, and must be brought before, the state courts of Utah, county of Utah, or the U.S. District Court for the District of Utah. You consent to the waiver of a jury trial.
This Purchase Order shall be governed by and construed in accordance with the laws of the United States and the State of Utah. The parties agree that the United Nations Conventions on Contracts for the International Sale of Goods are specifically excluded from application of this Purchase Order.
1. SERVICES & DELIVERABLES. Seller agrees to provide the Goods or deliverables (collectively referred to as "Goods"), described in any purchase order, in accordance with these Terms and Conditions ("Agreement"). Upon acceptance of a purchase order, shipment of Goods or commencement of a Service, Seller shall be bound by the provisions of these Terms and Conditions, including all provisions set forth on the face of any applicable purchase order, whether Seller acknowledges or otherwise signs this Agreement or the purchase order, unless Seller objects to such terms in writing prior to shipping Goods or commencing Services.
This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded or otherwise altered, except by writing signed by an authorized Cricut representative. Any terms or conditions contained in any acknowledgment, invoice or other communication of Seller, which are inconsistent with the terms and conditions herein, are hereby rejected. If there is a conflict between the English terms and the Chinese terms, then English terms shall control. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such assent.
2. DELIVERY. Time is of the essence. Delivery of Goods shall be made pursuant to the schedule, via the carrier and to the place specified on the face of the applicable purchase order and in compliance with Cricut’s Vendor Logistics Guide. Cricut reserves the right to return, collect shipping charges, all Goods received in advance of the delivery schedule. If no delivery schedule is specified, the order shall be filled promptly and delivery will be made by the most expeditious form of land transportation. If no method of shipment is specified in the purchase order, Seller shall use the least expensive carrier. In the event Seller fails to deliver the Goods within the time specified, Cricut may, at its option, decline to accept the Goods and terminate the Agreement or may demand its allocable fair share of Seller's available Goods and terminate the balance of the Agreement. Seller shall package all items in suitable containers to permit safe transportation and handling. Each delivered container must be labeled and marked to identify contents without opening and all boxes and packages must contain packing sheets listing contents. Cricut's purchase order number must appear on all shipping containers, packing sheets, delivery tickets and bills of lading.
3. IDENTIFICATION, RISK OF LOSS & DESTRUCTION OF GOODS. Identification of the Goods shall occur in accordance with Cricut’s Vendor Logistics Guide, or as otherwise specified by Cricut. Seller assumes all risk of loss until receipt by Cricut. Title to the Goods shall pass to Cricut upon receipt by it of the Goods at the designated destination. If the Goods ordered are destroyed prior to title passing to Cricut, Cricut may at its option cancel the Agreement or require delivery of substitute Goods of equal quantity and quality. Such delivery will be made as soon as commercially practicable. If loss of Goods is partial, Cricut shall have the right to require delivery of the Goods not destroyed.
4. PAYMENT. As full consideration for the delivery of the Goods and the assignment of rights to Cricut as provided herein, Cricut shall pay Seller the amount agreed upon and specified in the applicable purchase order. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts and government imposed surcharges shall be stated separately on Seller's invoice. Payment is made when Cricut's check is mailed. Payment shall not constitute acceptance. All personal property taxes assessable upon the Goods prior to receipt by Cricut of Goods conforming to the purchase order shall be borne by Seller. Seller shall invoice Cricut for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Cricut within ninety (90) days of delivery of Goods and must reference the applicable purchase order, and Cricut reserves the right to return all incorrect invoices. Unless otherwise specified on the face of a purchase order, Cricut shall pay the invoiced amount within sixty (60) days after receipt of a correct invoice.
5. WARRANTIES. Seller warrants that all Goods provided will be new and will not be used or refurbished. Seller warrants that all Goods delivered shall be free from defects in materials, design and workmanship and shall conform to all applicable specifications for a period of fifteen (15) months from the date of delivery to Cricut or for the period provided in Seller's standard warranty covering the Goods, whichever is longer. Furthermore, the Products will be free from defects and materials which could create a hazard to life or property; the Products will conform in all respects with all applicable international, federal, state, agency, and local laws, orders, and regulations, including, without limitation, those regarding: (a) safety, (b) content, (c) flammability, (d) weights, measures, and sizes, (e) processing, manufacturing, labeling, advertising, selling, shipping, and invoicing, (f) registration and declaration of responsibility, (g) occupational safety and health, and (h) noise, radio and electromagnetic emissions. If requested by Cricut in the Purchase Order, Seller hereby agrees that it will make spare parts available to Cricut for a period of five (5) years from the date of shipment at Sellers then current price. Additionally, Goods purchased shall be subject to all written express warranties made by Seller's agents. All warranties shall be construed as conditions as well as warranties and shall not be exclusive. Seller shall furnish to Cricut Seller's standard warranty and service guaranty applicable to the Goods. All warranties and Service guaranties shall run both to Cricut and to its customers.
If Cricut identifies a warranty problem with the Goods during the warranty period, Cricut will promptly notify Seller of such problems and will return the Goods to Seller, at Seller's expense. Within five (5) business days of receipt of the returned Goods, Seller shall, at Cricut's option, either repair or replace such Goods, or credit Cricut's account for the same.
Replacement and repaired Goods shall be warranted for the remainder of the warranty period or six (6) months, whichever is longer.
6. INSPECTION. Cricut shall have a reasonable time after receipt of Goods or Service deliverables and before payment to inspect them for conformity hereto, and Goods received prior to inspection shall not be deemed accepted until Cricut has run an adequate test to determine whether the Goods conform to the specifications hereof. Use of a portion of the Goods for the purpose of testing shall not constitute an acceptance of the Goods. If Goods tendered do not wholly conform with the provisions hereof, Cricut shall have the right to reject such Goods. Nonconforming Goods will be returned to Seller freight collect and risk of loss will pass to Seller upon Cricut's delivery to the common carrier.
7. INDEPENDENT CONTRACTOR. Seller is an independent contractor for all purposes, without express or implied authority to bind Cricut by contract or otherwise. Neither Seller nor its employees, agents or subcontractors ("Seller's Assistants") are agents or employees of Cricut.
8. SELLER RESPONSIBLE FOR TAXES AND RECORDS. Seller shall be solely responsible for filing the appropriate federal, state and local tax forms, and paying all such taxes or fees, including estimated taxes and employment taxes, due with respect to Seller's receipt of payment under this Agreement. Seller further agrees to provide Cricut with reasonable assistance in the event of a government audit. Cricut shall have no responsibility to pay or withhold from any payment to Seller under this Agreement, any federal, state or local taxes or fees.
9. INSURANCE. Seller shall be solely responsible for maintaining liability, and other insurance, as is required by law or as is the common practice in Seller's trades or businesses, whichever affords greater coverage. Upon request, Seller shall provide Cricut with certificates of insurance or evidence of coverage before commencing performance under this Agreement. Seller shall provide adequate coverage for any Cricut property under the care, custody or control of Seller.
10. INDEMNITY. Seller shall indemnify, hold harmless, and at Cricut's request, defend Cricut, its officers, directors, customers, agents and employees, against all claims, liabilities, damages, losses and expenses, including attorneys' fees and cost of suit arising out of or in any way connected with the Goods or Services provided under this Agreement, including, without limitation, (i) any claim based on the death or bodily injury to any person, destruction or damage to property, or contamination of the environment and any associated clean up costs, (ii) any claim based on the negligence, omissions or willful misconduct of Seller or any Seller's Assistants, and (iii) except where a design, or specification, is provided by Cricut, any claim by a third party against Cricut alleging that the Goods or Services, the results of such Services, or any other products or processes provided under this Agreement, infringe a patent, copyright, trademark, trade secret or other proprietary right of a third party, whether such are provided alone or in combination with other products, software or processes. Seller shall not settle any such suit or claim without Cricut's prior written approval. Seller agrees to pay or reimburse all costs that may be incurred by Cricut in enforcing this indemnity, including attorneys' fees.
Should Cricut's use, or use by its distributors, subcontractors or customers, of any Goods or Services purchased from Seller be enjoined, be threatened by injunction, or be the subject of any legal proceeding, Seller shall, at is sole cost and expense, either (a) substitute fully equivalent non-infringing Goods or Services; (b) modify the Goods or Services so that they no longer infringe but remain fully equivalent in functionality; (c) obtain for Cricut, its distributors, subcontractors or customers the right to continue using the Goods or Services; or (d) if none of the foregoing is possible, refund all amounts paid for the infringing Goods or Services.
11. CONFIDENTIALITY. Seller will acquire knowledge of Cricut Confidential Information (as defined below) in connection with its performance hereunder and agrees to keep such Cricut Confidential Information in confidence during and following termination or expiration of this Agreement. "Cricut Confidential Information" includes but is not limited to all information, whether written or oral, in any form, including without limitation, information relating to the research, development, products, methods of manufacture, trade secrets, business plans, customers, vendors, finances, personnel data, Work Product (as defined herein) and other material or information considered proprietary by Cricut relating to the current or anticipated business or affairs of Cricut which is disclosed directly or indirectly to Seller. In addition, Cricut Confidential Information means any third party's proprietary or confidential information disclosed to Seller in the course of providing Services or Goods to Cricut. Cricut Confidential Information does not include any information (i) which Seller lawfully knew without restriction on disclosure before Cricut disclosed it to Seller, (ii) which is now or becomes publicly known through no wrongful act or failure to act of Seller, (iii) which Seller developed independently without use of the Cricut Confidential Information, as evidenced by appropriate documentation.
12. OWNERSHIP OF WORK PRODUCT. For purposes of this Agreement, "Work Product" shall include, without limitation, all designs, discoveries, creations, works, devices, masks, models, work in progress, inventions, products, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived or developed by Seller alone or with others which result from or relate to the Goods provided hereunder. Standard Goods manufactured by Seller and sold to Cricut without having been designed, customized or modified for Cricut do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Cricut. Seller hereby agrees to irrevocably assign and transfer to Cricut and does hereby assign and transfer to Cricut all of its worldwide right, title and interest in and to the Work Product including all associated intellectual property rights. Seller agrees: (a) to disclose promptly in writing to Cricut all Work Product in its possession; (b) to assist Cricut in every reasonable way, at Cricut's expense, to secure, perfect, register, apply for, maintain, and defend for Cricut's benefit all copyrights, patent rights, mask work rights, trade secret rights, and all other proprietary rights or statutory protections in and to the Work Product in Cricut's name as it deems appropriate; and (c) to otherwise treat all Work Product as Cricut Confidential Information as described above. These obligations to disclose, assist, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Cricut to Seller shall remain the sole property of Cricut.
13. TERMINATION. Cricut may terminate this Agreement upon written notice. In the event of such termination, Cricut shall pay Seller for the portion of those conforming Goods delivered to Cricut through the date of termination, less appropriate offsets.
Upon the expiration or termination of this Agreement: (a) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration; and (b) Seller will promptly notify Cricut of all Cricut Confidential Information or any Work Product in Seller's possession and, at the expense of Seller and in accordance with Cricut's instructions, will promptly deliver to Cricut all such Cricut Confidential Information and/or Work Product.
14. FORCE MAJEURE. Cricut shall not be liable for any failure to perform including failure to take delivery of the Goods as provided caused by circumstances beyond its control which make such performance commercially impractical including, but not limited to, acts of God, fire, flood, acts of war, government action, accident, labor difficulties or shortage, inability to obtain materials, equipment or transportation. In the event Cricut is so excused, either party may terminate the Agreement and Cricut shall at its expense and risk, return any Goods received to the place of shipment.
15. SEVERABILITY. If any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL CRICUT BE LIABLE TO SELLER OR SELLER'S ASSISTANTS, OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT, WHETHER OR NOT CRICUT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
17. ASSIGNMENT; WAIVER. Seller may not assign this Agreement or any of its rights or obligations under this Agreement, without the prior written consent of Cricut. Any assignment or transfer without such written consent shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of Cricut without restriction. A waiver of any default hereunder or of any term or condition of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or any other term or condition.
18. NON-EXCLUSIVE AGREEMENT. This is not an exclusive Agreement. Cricut is free to engage others to perform Services or provide Goods the same as or similar to Seller's. Seller is free to, and is encouraged to, advertise, offer and provide Seller's Services and/or Goods to others; provided however, that Seller does not breach this Agreement.
19. NOTICES. Except for Purchase Orders which may be sent by local mail, facsimile transmission, or electronically transmitted, all notices, and other communications hereunder shall be in writing, and shall be addressed to Seller or to an authorized Cricut representative, and shall be considered given when (a) delivered personally, (b) sent by confirmed telex or facsimile, (c) sent by commercial overnight courier with written verification receipt, or (d) three (3) days after having been sent, postage prepaid, by first class or certified mail.
20. SURVIVAL OF OBLIGATIONS. Any obligations and duties which by their nature extend beyond the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement.
21. GOVERNING LAW. This Agreement shall be construed in accordance with, and disputes shall be governed by, the laws of the State of Utah, excluding its conflict of law rules. The Fourth District Court of Utah or the United States District Court for the District of Utah shall have jurisdiction and venue over all controversies arising out of, or relating to, this Agreement. The applicability of the UN Convention on Contracts for the International Sale of Goods is hereby expressly waived by the parties and it shall not apply to the terms and conditions of this Agreement.
22. ENTIRE AGREEMENT; MODIFICATION. This Agreement is the complete, final and exclusive statement of the terms of the Agreement between the parties and supersedes any and all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to the subject matter hereof. This Agreement may not be varied, modified, altered, or amended except in writing, including a purchase order or a change order issued by Cricut, signed by the parties. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any acknowledgment or other document submitted by Seller. Notwithstanding the foregoing, this Agreement will not supersede or take the place of any written Agreement which is signed by both parties and covers the same subject matter as this Agreement or its related purchase orders.
23. COMPLIANCE WITH LAWS. Seller shall comply fully with all applicable federal, state and local laws in the performance of this Agreement. Upon Cricut's request, Seller will promptly provide Cricut with a statement of origin for all Goods and other documents reasonably requested by Cricut in order to effect the import/export of the Goods to the location designated by Cricut.
24. INJUNCTIVE RELIEF. Seller acknowledges and agrees that the obligations and promises of Seller under this Agreement are of a unique, intellectual nature giving them particular value. Seller's breach of any of the promises contained in this Agreement will result in irreparable and continuing damage to Cricut for which there will be no adequate remedy at law and, in the event of such breach, Cricut will be entitled to seek injunctive relief, or a decree of specific performance.
The following terms govern the use and redemption of certain promotional credits made available to you as a limited promotion in connection with the sale of Cricut® products. These terms and conditions apply except where otherwise required by law. This credit can only be redeemed for certain digital images or other digital material made available by Cricut on its websites. The credit is provided to you as a free promotional component of a product offering.
This is a limited-time offer. Credit/codes must be redeemed by the expiration date indicated on the promotional card or offer details. Credit/codes may only be used for purchases of digital Cricut® content through Cricut Design Space™, Cricut Craft Room® or other Cricut®designated sites. Digital credit/codes are available to customers located and with billing addresses in the United States and Canada. You must have a cricut.com account and accept the cricut.com Terms of Use and Privacy Policy to redeem your credit/codes. You must have, or download, Cricut Design Space™ or Cricut Craft Room® design software in order to purchase digital Cricut® products. This offer is not transferable, not exchangeable, and not redeemable for cash, and is void where prohibited by law. Additional taxes may apply in certain jurisdictions.
We reserve the right, in our sole discretion, to terminate or modify this promotion. Notice of a modification will be posted at this website. This promotional offer applies only to qualifying products.
Purchase of or use of this card constitutes agreement to the following terms:
This card may only be used for purchases made online at cricut.com. This card has no fees and is not redeemable or refundable for cash. Unless stated otherwise, this card shall not expire and may not be redeemed for shipments outside the U.S. Lost or stolen cards will not be replaced.
Additional payment required if purchase price exceeds the value of the Cricut Gift Card. Gift Cards are not for resale. Any term or condition of this card is void where prohibited by law. These terms and conditions are subject to change without notice. To check the available balance on a Gift Card, call 877-7CRICUT. Issued by Cricut, Inc.
Effective Date: June 17, 2020 (v 1.0.1)
Cricut, Inc. (“Cricut”) is pleased that individuals wish to create and sell personal craftwork items incorporating our products, designs and images. This Angel Policy provides limited permission for certain sales of such craftwork items, but not others. Please read this entire Angel Policy carefully to see how it applies to You and Your proposed sale of craftwork items.
Any person or entity who uses CRICUT or CUTTLEBUG® brand products, Copyright Materials, as defined below, or Third Party Rights, as defined below (the “Content”), pursuant to this permission agrees to comply with and be bound by the terms and conditions below and all applicable Third Party Rights Restrictions. Cricut shall have the right to modify and/or terminate the limited permission granted in this Angel Policy for any reason and at any time, in its sole discretion.
The terms of the CRICUT End-User License Agreement are in pertinent part:
Subject to the terms and conditions set forth herein and to all applicable Third Party Rights Restrictions, Cricut hereby grants limited permission to private individuals to incorporate Copyright Material and Third Party Rights into Finished Products that may be offered and sold to others, but only in the quantities and in the manner expressly permitted in this Angel Policy. Notwithstanding the foregoing, Walt Disney Company (Disney Consumer Products, Inc.), Sesame Workshop, Hello Kitty (Sanrio, Inc.), Warner Bros. (DC Comics, c/o Warner Bros. Consumer Products, Inc.), Martha Stewart, Kirstie Allsopp (BBC Worldwide Limited), Entertainment One UK Limited, Nickelodeon (Viacom International, Inc.), and Boys Scouts of America characters and images MAY NOT be reproduced and sold. Any person who uses Copyright Material or Third Party Rights pursuant to this permission agrees to comply with and be bound by the terms and conditions below and all applicable Third Party Rights Restrictions. No individual cuts of Copyright Material made by or with CRICUT or CUTTLEBUG® brand products may be sold.
For more information about using Copyright Material or any Third Party Rights, or if you have any questions regarding this Angel Policy, please contact us at copyright@cricut.com.
Effective Date: June 17, 2020 (v 1.7.2)
When you use the Sponsored Activities of Cricut, your privacy matters.
The Privacy Policy of Cricut, Inc. (“Cricut”) describes what information we collect and how it is used and shared. As you review our policy, keep in mind that it applies to all Cricut products and Sponsored Activities. This Privacy Policy constitutes an integral part of the Terms of Use that govern your use of the www.cricut.com website (“our Site”), which is owned and operated by Cricut (“we”). This Privacy Policy also constitutes part of the terms and conditions that govern your participation in any and all online and offline activities sponsored by Cricut (each, a “Sponsored Activity”).
Cricut respects your privacy. Our aim is for you to feel informed. This Privacy Policy informs you of what information we may collect from or about you on our Site and other means, how we may use such information, and your rights and choices regarding our use of your information. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SITE. By using our Site or participating in a Sponsored Activity, you acknowledge that you have read this Privacy Policy, and agree to be bound by it. If you do not agree to any of the terms contained in this Privacy Policy, please refrain from using our Site or disclosing Personal Information on our Site or participating in any Sponsored Activity.
Notice To European Residents – Your GDPR Privacy Rights:
On May 25, 2018, a new European Union (EU) data protection law, the General Data Protection Regulation (GDPR), takes effect. The GDPR gives individuals in the EU more control over how their Personal Information is used and places certain obligations on businesses that process information of those individuals. We’ve updated our Privacy Policy to take into account the new requirements of the GDPR.
Cricut, Inc. is the data controller for all GDPR requirements. For questions or to contact the data protection compliance representative, email privacyrequest@cricut.com or send postal mail to Cricut, Inc. Attn: Privacy Data Processor, 10855 South River Front Parkway, Suite 300, South Jordan, Utah U.S.A. 84095.
Notice To California Residents – Your California Privacy Rights:
Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the “Shine the Light” law), if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared. A business may comply with this law by: (i) having EITHER a published privacy policy of not sharing a member’s Personal Information for third parties’ direct marketing use unless the member has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a member’s Personal Information for third-parties’ direct marketing use if the member has opted out to prevent his/her Personal Information from being shared for direct marketing use; AND (ii) notifying the member of his/her right to opt out and providing a cost-free means for the member to exercise that right.
We do not, but may in the future, share Personal Information with non-affiliated third parties so that they may offer, market, and advertise products and services directly to our members. If and when that happens, we will provide our members the choice to opt out of such information sharing. Any request for a disclosure required under this California law should be sent to us via email at privacyrequest@cricut.com or via postal mail at Cricut, Inc., Attn: Privacy Data Processor, 10855 South River Front Parkway, Suite 300, South Jordan, Utah U.S.A. 84095. Please note that under this law, we are not required to respond to a member’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
To the extent we use User Activity Information in a manner that identifies a specific user individually (e.g., if we link or associate such information with name or address), it will be treated as Personal Information. Otherwise, User Activity Information will be treated as Aggregate and Anonymous Information.
Cricut processes your Personal Information under a lawful basis based on your consent by participating in a Sponsored Activity. We use information collected from and about our users and members to improve our products and Sponsored Activities, to improve the pages and content of our Site, to administer and maintain operations of our Site, to administer and manage transactions and relationships with our users and members, to offer, market and advertise products and services to our users and members, and to conduct market research and analysis.
At times, Cricut may make certain Personal Information available to strategic partners that work with Cricut to provide products and services, or that help Cricut market to members.
Disclosure to Non-Affiliates for Direct Marketing/Advertising Purposes. We do not, but may in the future, share your Personal Information with non-affiliated third parties so that they may offer, market, and advertise products and services directly to you. If and when that happens, we will provide our members with advance notice and the choice to opt out of such information sharing.
Please note, however, that under no circumstances do we knowingly share your Payment Account Information with non-affiliated third parties for direct marketing and advertising purposes (except with your affirmative prior consent).
Disclosure to Co-Sponsors. From time to time, we may co-sponsor (online and offline) events and/or product/service offerings with non-affiliated third parties. If you participate in such co-sponsored events or offerings, any Personal Information, and User Activity Information we collect from you based on your participation may be shared with our co-sponsors who may use such information for their own marketing and advertising purposes. You must contact our co-sponsors directly in order to opt out of their use of your information for marketing and advertising purposes.
Disclosure to Service Providers. We may disclose your Personal Information and User Activity Information to our outside vendors and contractors who need to access such information in order to perform their services (including, without limitation, transaction/payment processing, financing offers, order fulfillment, survey/contest/sweepstakes administration and prize fulfillment, data research and analysis, data collection and processing, data storage, data security, hosting and technical support for our Site, and marketing and advertising support) to us (hereinafter collectively as “Service Providers”). For example, we may use a marketing firm to conduct online surveys from time to time. We require that our Service Providers use your information shared by us solely for the purposes of performing their services to us and that they maintain the confidentiality, security, and integrity of such information and not further disclose the information to others.
Disclosure Under Other Circumstances. We may disclose your Personal Information and User Activity Information to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (i) comply with legal process (including a court order or subpoena); (ii) cooperate with law enforcement; (iii) enforce this Privacy Policy and/or the Terms of Use for our Site; (iv) respond to an emergency; or (v) protect the rights, property, or safety of Cricut, one or more members of our users and members, and/or the public.
In addition, we may transfer your Personal Information and User Activity Information as part of our assets if we (or parts of our businesses) are sold or transferred to, merged with, or acquired by a third party. Upon such transfer, the privacy policy of the acquiring entity may govern the further use of your Personal Information and User Activity Information.
Unrestricted Disclosure of Aggregate and Anonymous Information. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose Aggregate and Anonymous Information. For example, we may freely share Aggregate and Anonymous Information with non-affiliated third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share Aggregate and Anonymous Information with our Service Providers in order for them to perform services to us.
It is our highest priority to protect your personally identifiable information and to only use it in the way our members would expect us to. Your Personal Information is retained to allow for financial transactions and to allow Cricut to provide Sponsored Activities for up to 5 years after you have actively engaged in our Sponsored Activities, or until you request otherwise.
Cricut understands the importance of protecting the security and integrity of Personal Information that our members have shared with us, and will endeavor to safeguard your Personal Information. All Payment Account Information provided by you in connection with an online transaction with our Site will be protected by encryption using the standard Secure Sockets Layer (SSL) protocol, and we retain your Payment Account Information for only as long as is necessary to process your related transactions with us. It is also important for you to protect against unauthorized access to your password and to your computer. We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe. We will endeavor to notify you within 72 hours in the event we become aware of a breach or suspected breach of the security of your Personal Information stored by us.
Unfortunately, however, no data transmission over the Internet and no data storage can be 100% secure. Consequently, while Cricut will endeavor to safeguard your Personal Information, it cannot guarantee the absolute security of such information. You understand and agree that Cricut shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond Cricut’s control, including, without limitation, your own act or omission, corruption of storage media, defects in third party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism. You have a right to know if your Personal Information was stolen due to a breach. We will notify you no later than 72 hours after we become aware of the breach. We note that an inability to determine whether a breach has occurred which is caused by a failure in our internal systems and policies does not excuse a delay in reporting.
Please note that any information that you post in any public, community, or interactive areas on our Site (e.g., chat rooms, bulletin boards, message boards, and discussion groups) will be accessible to, and may be collected and used by, others and may result in unsolicited or unwanted messages or contact from others. Accordingly, please exercise caution when providing information about yourself in any public, community or interactive areas on our Site.
We treat information collected by cookies and other technologies (such as pixel tags and web beacons) as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Information by local law, we also treat these identifiers as Personal Information.
Cookies. We may send cookies, which are small pieces of data, to your web browser to facilitate your use of our Site. Cookies help us deliver content specific to your interests and permit our servers to recall information from your prior visits to our Site. Cookies are also used to direct members to social ads and initiate emails based on your shopping preferences. We may use information collected from cookies together with Personal Information we have collected from you. We do not, however, use cookies to access information on your computer or device. You can choose whether to accept cookies by adjusting the settings of your browser. If your browser is set to reject cookies, you may still enter our Site, but you may not have full access to all areas within our Site.
Web Beacons. Web beacons are small bits of code embedded in web pages or in emails. We may use web beacons to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We also may include web beacons in emails to learn if messages have been opened, acted on, or forwarded. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
Adobe’s Flash Cookies. The Adobe Flash Player is an application and web tool that allows rapid development of dynamic content. Flash (and similar applications) use technology to remember settings, preferences, and usage similar to browser cookies but these are managed through a different interface than the one provided by your web browser. We may employ Adobe Flash cookies in certain situations where we use Flash to provide some content such as video clips or animation. You may access your Flash management tools from Adobe’s web site directly.
DoubleClick’s Dart Cookies. The DoubleClick DART cookie helps us learn how well our Internet advertising campaigns or paid search listings perform. We may use DoubleClick’s DART technology to deliver and serve advertisements. This information helps to give us and third parties the number of unique users their advertisements were displayed to, how many users click on our Internet ads or paid listings, and which ads or paid listings are clicked on.
Third-Party Advertisements. We also may use third-party advertisements and advertisers on our Site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our Site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP, the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
Our Site may (i) contain links to third-party sites; and (ii) include applications that are developed and hosted by third parties that are not owned or controlled by or affiliated with Cricut. Cricut is not responsible for the privacy practices of such third-party sites or applications. Once you enter such a third-party site or enlist such a third-party application, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policy of that third-party. The privacy policies and practices of such third-party sites may be substantially different from those of Cricut. They may send their own cookies to you and may collect data about you and make use of that data in ways that we would not. You access such third-party sites and applications entirely at your own risk. You should always read the privacy policy for a third-party site and application before disclosing any Personal Information on such site.
Our Site is not designed or intended for children under the age of 18, and we do not knowingly collect Personal Information from children under 18 on our Site. Children under the age of 18 are not permitted to register on our Site. If we discover that any registration is made by an underage child, such registration will be promptly and permanently canceled and removed from our Site, with or without notice. We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.
Under certain circumstances, you have rights under data protection laws in relation to your Personal Information, including the following:
If you wish to exercise any of the rights set out above, please contact us using the details below.
You also have the right to make a complaint to your data protection regulator (in the UK, this will be the Information Commissioner’s Office (ICO)( www.ico.org.uk ). We would, however, appreciate the chance to deal with your concerns before you approach the ICO. Please contact us first before escalating your complaint.
We reserve the right to modify this Privacy Policy from time to time in our sole discretion. For example, we may amend this Privacy Policy in order to address new developments in national, state, or local consumer privacy laws, or to conform to changing industry practices. If we make changes to this Privacy Policy, we will announce and post such changes on our Site for the general public. If you are a registered user, we may also notify you of the changes via email and may ask you to affirmatively consent to and accept the changes at the time of your next account login on our Site. By continuing to use our Site after such notice and consent, you are bound by this Privacy Policy as modified.
Should you have questions about this Privacy Policy or our information collection, use and disclosure practices, you may contact us as follows:
privacyrequest@cricut.com or via postal mail at Cricut, Inc., Attn: Privacy Data Processor, 10855 South River Front Parkway, Suite 300, South Jordan, Utah U.S.A. 84095
We will use reasonable efforts to respond promptly to requests, questions, or concerns you may have regarding our use of Personal Information about you. Except where required by law, Cricut cannot ensure a response to questions or comments regarding topics unrelated to this policy or Cricut’s online privacy practices.
Please see the following End-User License Agreements (EULA) reproduced and available below for your review and convenience. The EULAs each contain the user rights and restrictions for the associated Cricut product.
Effective Date: June 17, 2020 (v 1.0.1)
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by filling out this form. You can also contact our designated agent and provide the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
Cricut's designated Copyright Agent to receive notifications of claimed infringement is
Cricut, Inc.,
Attn: Copyright Agent,
10855 South River Front Parkway, Suite 400,
South Jordan, Utah U.S.A. 84095;
email: DMCA_Agent@cricut.com,
fax: 801-446-8407.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Cricut Customer Care through http://help.cricut.com.
You acknowledge that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Cricut may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Cricut's sole discretion.
Effective Date: June 17, 2020 (v 1.0.1)
1. Introduction. This agreement ("Agreement") is between you as an individual contributor ("Contributor") and Cricut, Inc. ("Cricut"). This Agreement governs the uploading of Contributor's Craft Materials (as defined further below) to the cricut.com website or any successor website to which the contents in whole or in part of the cricut.com website are posted ("our Sites"), as well as Cricut's use of Craft Materials on our Sites. Contributor and Cricut acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Craft Materials and any prior submissions of Craft Materials.
2. Term; Termination. The term ("Term") of this Agreement starts on the date that any Craft Materials are initially uploaded to any our Sites by Contributor and continues until Cricut terminates this Agreement with or without cause, either in writing or by the removal of Craft Materials from our Sites, subject to the survival of certain undertakings in this Agreement as set out in Section 16 below. Cricut can selectively terminate this Agreement with respect to any individual work comprising the Craft Materials by removing the posted work from our Sites.
3. Craft Materials. As used in this Agreement, the term "Craft Materials" means any content created by Contributor that meets the Content Requirements (as defined below) and that is submitted by Contributor to our Sites as provided in this Agreement, as well as Contributor's name (including professional name), likeness, signature, and biographical information. Craft Materials may also include, without limitation, audio, video, and audiovisual materials, artwork, texts, graphics, instructions, photographs and other files that Contributor submits to our Sites under this Agreement.
4. Content Requirements.
The above requirement shall be referred to collectively as the "Content Requirements." Content Requirements are subject to change at Cricut’s discretion.
5. Ownership.
6. License to Use Craft Materials. As and when Craft Materials are uploaded to any of our Sites, Contributor grants to Cricut a perpetual, irrevocable, worldwide, royalty-free, exclusive right and license to do the following things:
Contributor acknowledges that Contributor shall not have any right, title, or interest in the Cricut Rights, any derivative works prepared by or for Cricut based upon the Craft Materials, or in any other materials with which Craft Materials may be combined or into which all or any portion of Craft Materials may be incorporated. Contributor agrees to refrain from granting similar rights to others during this Agreement and for a period of three (3) years after termination of this Agreement.
7. Name and Likeness. Contributor grants to Cricut a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use Contributor's name, likeness, and biographical information in connection with the distribution, exploitation, promotion, marketing, and advertising of the Craft Materials as described in this Agreement. Contributor agrees not to assert, and to cause any person or persons other than Contributor appearing recognizably or otherwise in Craft Materials to not assert against Cricut, any privacy, publicity, moral, or similar rights held by Contributor or such person or persons, whether under the laws of any state, the United States or any other country. To the extent that the Craft Materials contain a name, likeness or the biographical information of any other person, Contributor hereby grants to Cricut a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use the same in connection with the distribution, exploitation, promotion, marketing and advertising of the Craft Materials, as described in this Agreement.
8. Payment. Unless otherwise agreed between Contributor and Cricut in a writing from Cricut, the licenses granted to Cricut under this Agreement are royalty-free.
9. Representations and Warranties. Contributor represents and warrants that:
The above representations and warranties shall survive any termination of this Agreement.
Third Party Payments. Contributor is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with any Craft Materials not otherwise furnished by Cricut.
11. Indemnity. Contributor agrees to defend, indemnify, reimburse and hold Cricut and its parent, subsidiary and affiliated entities, and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
12. Cricut's Performance. Contributor acknowledges and agrees that our Sites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Cricut will not be responsible to Contributor or others for any interruptions, errors or problems or even for an outright discontinuance of any of our Sites. Cricut provides no assurances whatsoever that any of the Craft Materials or any part or element thereof will actually be used on any of Our Sites or if used that they will continue to be available for any particular time. Cricut has the right, in Cricut's sole and absolute discretion, to remove from our Sites at any time the Craft Materials or any part of them and/or to revoke any sublicense granted by Cricut to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Contributor acknowledges that Contributor is solely responsible for all content submitted to our Sites by Contributor. All Craft Materials uploaded to our Sites may be removed without notice and may be unavailable for recovery by any means. Contributor and only Contributor is responsible for maintaining at Contributor's expense and in facilities owned or controlled only by Contributor any and all original materials and any backup copies of all or any part of the Craft Materials.
13. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRICUT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
14. No Liability for Third Party Use. CRICUT DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE CRAFT MATERIALS MADE AVAILABLE ON OUR SITES BY CONTRIBUTOR UNDER THIS AGREEMENT. CONTRIBUTOR SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF CONTRIBUTOR MATERIALS BY A THIRD PARTY, AND NOT FROM CRICUT. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS CRAFT MATERIALS FROM CRICUT (WHETHER OR NOT WITH CRICUT'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT CONTRIBUTOR WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM CRICUT, AND THAT CONTRIBUTOR WILL NOT HOLD CRICUT RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
15. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL CRICUT, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT DEVIANT ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE CRICUT SITE(S). IN NO EVENT SHALL CRICUT'S TOTAL LIABILITY TO CONTRIBUTOR UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED US$5.00. THE PARTIES ACKNOWLEDGE AND AGREE THAT CRICUT HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN CONTRIBUTOR AND CRICUT, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
16. Miscellaneous.
CRICUT® products may be covered by one or more of the following patents and other patent applications that are currently pending.
This is a non-exhaustive list and is intended to serve as notice under 35 U.S.C § 287(a).
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Effective Date: June 17, 2020 (v 1.0.1)
Cricut’s Internet Sales Policy is to sell Cricut products through Cricut authorized online resellers only. No person or business is authorized to sell via the Internet without express contractual agreement with Cricut. Authorized Cricut resellers have access to the entire Cricut line and are able to answer product or warranty questions. Purchasing a Cricut through an authorized dealer/seller means that you receive:
Effective Date: February 6, 2017 (v 1.0.0.)
I have read and agree to the Terms and Conditions
CRICUT ACCESS™ CRICUT ACCESS PREMIUM and CRICUT ACCESS FONTS, TERMS OF USE
THIS IS AN AGREEMENT BETWEEN YOU AND CRICUT, INC., (DOING BUSINESS AS "CRICUT") WITH ITS AFFILIATES, ("CRICUT" OR "WE"). PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO CRICUT ACCESS™ (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE, IN ANY LINK FROM A PRODUCT DETAIL PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THE SERVICE), THE CRICUT.COM PRIVACY POLICY, AND THE CRICUT.COM TERMS OF USE (COLLECTIVELY, THE "AGREEMENT"). YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING "SUBSCRIBE", "CONFIRM PURCHASE" OR THEIR EQUIVALENT ON CRICUT.COM.
Your use of Cricut Access™ (the "Service") may begin with a free access period to certain content. Complimentary access begins when you register your machine (e.g. Cricut Explore®, Cricut Explore Air™, Cricut Explore Air2™ or Cricut Explore One™) and continues for the period specified in your offer or the packaging of your respective machine. At the close of the complimentary access period you will have an opportunity to purchase the Service. If you elect to utilize the annual subscription to the Service your credit card will be charged for the entire year at the time you initiate the subscription. Under the annual and monthly payment plans your subscription will automatically renew at the end of each subscription term unless you take steps to cancel the Service or we terminate it. In either case, access to the Service requires that you have high-speed internet and maintain a valid credit card with Cricut (your "Payment Method). We will charge the monthly Service fee to your Payment Method. If you wish to cancel the Service, you must do so before it renews each month or year to avoid the charge for the coming month's or year's Service fees to your Payment Method.
Cricut may elect to offer differing subscription services, including promotional services or memberships with varying terms, conditions and limitations. Different terms from those described in these Terms of Use will be detailed in other communications or documents. The "myaccount" link provides you details regarding your subscription and account with Cricut. We reserve the right to modify, terminate or otherwise amend the Service plans we offer.
Cricut Access™ Premium currently includes fifty percent (50%) off of regular ("e.g." everyday) price on digital images, fonts, and cartridges through Cricut Design Space® and Cricut.com; Ten Percent (10%) off of regular prices of physical items on Cricut.com; and other benefits beyond those of Cricut Access™. The fifty-percent (50%) off of digital items does not include images, fonts or cartridges from Licensors including Walt Disney Company® (Disney Consumer Products, Inc.), Sanrio Hello Kitty®, Sesame Workshop®, Boy Scouts of America®, Anna Griffin® and Lia Griffith™. The fifty-percent (50%) off cannot be combined with other discounts, including the Cricut Circle™, promotions and promotion codes. As with Cricut Access™, Cricut reserves the right to add or remove content and to otherwise modify the Cricut Access™ Premium offerings at any time and in Cricut's sole discretion.
By purchasing the Service, you authorize us to charge you a monthly or yearly Service fee at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge and understand that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Cricut reserves the right to adjust the price for the Service, or any portion or part, thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following email notice to you.
The Service fee will be charged at the initiation of your subscription to the Service and each month or year thereafter unless you cancel the Service. We will automatically bill your Payment Method each month or year on the calendar day corresponding to the initiation of your subscription to the Service. We reserve the right to change the timing of the charge to your Payment Method which may occur if we are unable to settle the charge on the scheduled payment date. In the event you initiated the Service on a day not contained in a given month, we may bill your Payment Method on a different day in the applicable month or on such other day as we deem appropriate. For example, if you initiated the Service under the monthly fee option on January 31st, your next payment date is likely to be February 27th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in the Service. "Charging" shall include the authorization, billing, debit or other payment clearance, as applicable, with respect to your Payment Method.
ALL ANNUAL AND/OR MONTHLY PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
If you elect to cancel your Service you will continue to have access to the Service through the end of your current billing period. Any credits or discounts provided by us relative to the Service are done at our sole and absolute discretion.
In the event a payment is not settled, due to insufficient funds, expiration, or any other defect with the Payment Method, and you do not change your Payment Method information or cancel your account (see, "Cancellation" below), your Service may be terminated with or without notice to you. For certain Payment Methods, the issuer of your Payment Method may charge you a certain transactional fees or other charges (such as foreign currency fees). You may cancel your Service at any time, and you will continue to have access to the Service through the end of your billing period (whether annual of monthly). To cancel, go to the "myaccount" page on the Cricut website and follow the cancellation instructions.
1. THE SERVICE
The Service offers digital art content to be used with the Cricut Design Space™ design software and/or a Cricut® machine (collectively, "Digital Content") and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access, design with and cut Digital Content. Cricut Access subscribers will also receive ten percent (10%) off Cricut.com and Cricut Design Space™ purchases ("Discount"). The Discount may not be applied to the purchase of a Cricut Access subscription or renewals, iOS in-app purchases or to the UK shopping site (e.g. http://uk.cricut.com/shopping). The Discount may be combined with Cricut Circle™ membership discounts.
2. COMPATIBLE MACHINES
In order to be able to access and design with Digital Content from the Service, you will need to use a personal computer with either Windows® or Mac® operating systems, with Cricut Design Space design software installed and a high-speed internet connection. In order to be able to cut Digital Content from the Service, you will need a Cricut machine (e.g. Cricut Explore®, Cricut Explore Air™ or Cricut Explore One™ machine) a "Compatible Machine". The requirements for Compatible Machines may change from time to time and, in some cases, whether a machine is (or remains) a Compatible Machine may depend on software or systems provided or maintained by the machine or components manufacturer or other third parties. As a result, devices that are Compatible Machines at one time may cease to be Compatible Machines in the future.
3. DIGITAL CONTENT
a. General. The Service may allow you to: (i) rent Digital Content for access over a limited period of time ("Rental Digital Content"), (ii) purchase Digital Content for access over an indefinite period of time ("Purchased Digital Content"), (iii) access Digital Content on a subscription basis for access over a limited period of time during a subscription period ("Subscription Digital Content"), and (iv) access Digital Content on a free or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available on the Service as Rental Digital Content, Purchased Digital Content, Subscription Digital Content, Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. We reserve the right to, from time to time, add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
b. Usage Rules. Your use of Digital Content is subject to the following usage rules (the "Usage Rules"). (1) You may use, access or sync Rental Digital Content, Subscription Digital Content and Free Digital Content with one Cricut account. (2) You may use the Digital Content for the time period specified by Cricut (the "Usage Period"). (3) You are authorized to access the Digital Content through your Cricut account only. (4) Your uses of the Digital Content must conform with Cricut's Angel Policy as found at: http://www.cricut.com/home/legal/angel-policy, as amended from time to time. (5) Cricut may place limitations on the number and type of Compatible Machines on which each type of Digital Content may be downloaded, synced, accessed and used. (6) Cricut may place limitations on the amount of storage space is available for each Cricut.com account.
c. Subscriptions. Our subscription services are dynamic services and the specific Digital Content available and amount of Digital Content available will change over time. While we endeavor to expand the subscription offering, there may be times that a licensing agreement expires, or other circumstances arise, where certain content must be withdrawn from the Digital Content. We make no guarantee as to the availability of specific Digital Content or the minimum amount of Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription. Currently available Digital Content can be found at: http://content.cricut.com/b/pdfs/cricutimagelibrarysubscription.pdf.
d. License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Cricut grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Usage Period, to access and use the Digital Content in accordance with the Usage Rules. To simplify your use and management of Digital Content that has a limited Usage Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Cricut account or Compatible Machine after the end of its Usage Period, and you consent to such automatic removal.
e. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (i) digitally copy, sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; (ii) remove any proprietary notices or labels on the Digital Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (iv) use the Service or Digital Content for any illegal purpose or commercial purpose not permitted under Cricut's Angel Policy.
4. SOFTWARE
a. Use of the Cricut Design Space™ Software. We may make available to you Cricut Design Space™ and/or Cricut Craft Room® software for your use in connection with the Service (the "Software"). Terms contained in the Cricut Terms and Conditions apply to your use of the Software and the Service.
b. Information Provided to Cricut. The Software may provide Cricut with data about your Compatible Machine and its interaction with the Service (such as device type and unique device identifiers that allow us to link your Compatible Machine to your Service account). The Software may also provide Cricut with information related to the Digital Content you purchase or rent and your use of that Digital Content (such as whether and when you accessed or used the Digital Content, which may, among other things, help us measure the Usage Period for Rental Digital Content). Any information we receive is subject to the Cricut.com privacy notice located at http://www.cricut.com/privacy-policy.
5. LIMITED TO THE UNITED STATES, CANADA and the United Kingdom.
Due to restrictions placed on us by our content providers, we are currently only able to make the Service available to customers located in the United States,Canada and the United Kingdom. We regret that you may not use the Service if you are outside of these countries. "United States" refers to the 48 contiguous United States, the District of Columbia, Alaska and Hawaii.
6. ALL RENTALS AND SALES FINAL.
All purchases and rentals of Digital Content are final. We do not accept returns of Digital Content.
7. ADDITIONAL TERMS
a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Cricut may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, Cricut shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. Modification of Service. Cricut does not guarantee uninterrupted access to the Digital Content, and reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you. Cricut does not guarantee that all Digital Content will remain available through the Usage Period.
c. Amendments. Cricut reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
d. Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Cricut.com or Cricut Terms and Conditions (i) in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase, rent, or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
e. Contact Information. For communications concerning this Agreement, please write to Cricut.com, Attn: Legal Department, 10855 South River Front Parkway, South Jordan, UT 84095.
Cricut is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, call our Member Care team at 877-727-4288 or email our team at accessibilitysupport@cricut.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.