CRICUT CIRCLE™ Terms and Conditions

These terms are applicable to your membership of the CRICUT CIRCLE™ (the “Membership”).

• You must be eighteen (18) years of age or older to be a member of the CRICUT CIRCLE™.
• If you join the CRICUT CIRCLE™ by June 30, 2010 and select and pay in full through the Single-Pay Option you shall receive Charter Membership Status.
• You have the right to cancel your subscription at any time; however, all payments shall be nonrefundable, regardless of the circumstances, unless a refund is obligated by state law.  If you cancel your membership you will need a new invitation to join the CRICUT CIRCLE™.  If a Charter Member cancels his/her membership, he or she will not regain Charter Membership Status upon rejoining the CRICUT CIRCLE™.
• Membership in the CRICUT CIRCLE™ is non-transferrable.
• Your membership is good for one year (under the single pay option) or three (3) months under the quarterly pay option from the date it is processed.
• One membership per individual only.
• As part of the club membership service, you are entitled to two (2) points for every one dollar ($1) spent at www.cricut.com. After your initial payment to join the Cricut Circle is processed.
• As part of the club membership service, you are entitled to receive ten percent (10%) off approved www.cricut.com purchases.
• Membership entitles you access to the monthly Cricut Circle PDF magazine online .

• We will notify you of your date of renewal no less than twenty-one (21) days before it is due.
• If you do not notify us that you do not wish to renew your membership as set out above, we will renew your membership automatically on each anniversary and will deduct the current annual subscription fee from the credit card registered to your account.
• Notice must be given in writing to:

Cricut Circle

10876 South River Front Parkway, Suite 600

South Jordan, UT 84095

• Upon expiration, cancellation or termination of your membership, your membership rights shall be terminated.
• Provo Craft and Novelty, Inc. (“Provo Craft”) does not guarantee that all membership privileges will be available to all members.  Provo Craft reserves the right to provide benefits to members in order of lower membership numbers first.
• The CRICUT CIRCLE™ may include bulletin boards, discussion groups and other public areas that allow feedback to Provo Craft and interaction between users and CRICUT CIRCLE™ representatives (“Forums”). While Provo Craft does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums. You are solely responsible for the content of your Messages. You must comply with any rules posted by Provo Craft in utilizing or contributing to a Forum.
• The purchase of any products through www.cricut.com will be subject to the terms set forth on that site.
• Provo Craft’s liability to you will be restricted to the purchase price paid by you for the relevant products/membership/services.
• While every effort has been made to ensure the high quality of the CRICUT CIRCLE™, Provo Craft makes no other warranty, express or implied, concerning the CRICUT CIRCLE™ software or products or services.  Provo Craft expressly disclaims all warranties to the fullest extent permitted by law. In no event will Provo Craft, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other monetary loss) arising directly or indirectly from membership in CRICUT CIRCLE™ or its services.  Provo Craft does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.

• Provo Craft, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Cricut Circle Membership Services resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
• It is important to us that we have your correct contact information so that you do not miss out on further correspondence or experience problems with the delivery of products. You can update your personal information via your www.cricut.com account. It is your responsibility to update your information. It is not Provo Craft's responsibility.
• General
• This agreement is governed by the laws of the State of Utah, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Salt Lake County, Utah, U.S.A. in all disputes arising out of or relating to the use of the CRICUT CIRCLE™.
• This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Provo Craft.
• Provo Craft and Novelty, Inc. reserves the right, at its discretion, to suspend, change, modify, add or remove the terms and conditions of the CRICUT CIRCLE™ at any time.
• You agree that no joint venture, partnership, employment, or agency relationship exists between you and Provo Craft and the CRICUT CIRCLE™ as a result of this agreement or use of the CRICUT CIRCLE™ sites or membership services.
• You agree to indemnify and hold Provo Craft and Novelty, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the CRICUT CIRCLE™ sites or membership services.
• Provo Craft and the CRICUT CIRCLE™ reserve the right to disclose any personal information about you or your use of the CRICUT CIRCLE™ sites or membership services, including its contents, without your prior permission if Provo Craft has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Provo Craft or its affiliated companies; or (3) act to protect the interests of its members or others.
• Provo Craft may use your contact information to: fulfill orders; personalize the content and advertising you will see based on your personal characteristics or preferences; notify you of relevant new products and features in the CRICUT CIRCLE™; notify you of promotions from the CRICUT CIRCLE™; and allow reputable third parties to send you information.
• Provo Craft may also use the information for in-house research to: improve our understanding of customer needs in developing the CRICUT CIRCLE™; build marketing profiles; aid strategic development and manage our relationship with members and advertisers.
• If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
• Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Provo Craft with respect to the CRICUT CIRCLE™ sites or membership services.
• A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
• Please read through these terms carefully. By receiving benefit of the club membership and /or paying the associated membership fees, you are deemed to have accepted and to be bound by these terms.
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• These terms were last updated in June 2010.

For clarity, personally-identifiable information may be transferred to a buyer of our business or of all or substantially all of our assets.