Provo Craft and Novelty, Inc. (“Provo Craft”) 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. Provo Craft 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:
- “You may not copy, reproduce or in any other manner duplicate the Cartridge or Content, except as authorized in this Agreement or in the Angel Policy.”
- “Content may be owned by Provo Craft, or licensed by third parties to Provo Craft and may be subject to the Angel Policy.”
- “The terms and conditions set forth in the Angel Policy, which is incorporated into this Agreement by reference, apply and place limitations upon Your ability to create and sell craftwork items using the Cartridge and the Content.”
- “You should read the entire Angel Policy carefully from time to time to see how it applies to You and Your proposed sale of any craftwork items. In the event of a conflict between the provisions of this Agreement and the Angel Policy, the terms and conditions of the Angel Policy shall govern.”
- Angel Policy
means this permission document. Provo Craft will change this Angel Policy from time to time and post the most recent version on this website.
- Copyright Materials
means products, designs and images that are subject to protection as works of authorship under U.S. or international copyright laws. Copyright materials may be owned by Provo Craft, or licensed as Third Party Rights to Provo Craft.
- Finished Product
means completed projects (e.g. cards, scrapbook pages, cakes) with multiple cuts permanently affixed. (To see examples of Finished Products click
- Mass Production
means any of these: (a) production in quantities of more than ten thousand (10,000) Finished Products per year; (b) production by more than one person in an assembly line fashion; (c) production by a person other than the individual who created the original craftwork item or Finished Product, or by a member of his or her family; or (d) production in a factory.
- Third Party Rights
means trademarks, copyrights, and patents owned by third parties other than Provo Craft, made available to Provo Craft under license. Use of Third Party Rights by Provo Craft and its customers, including under this Angel Policy, may be subject to Third Party Rights Restrictions.
- Third Party Rights Restrictions
means any use restrictions imposed by Provo Craft’s licensors of Third Party Rights, as set forth in the end user license agreements, instructions, user manuals or other documentation provided by Provo Craft with the applicable products that make use of such Third Party Rights.
Subject to the terms and conditions set forth herein and to all applicable Third Party Rights Restrictions, Provo Craft 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 and Nickelodeon (Viacom International, Inc.) 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. (To see samples of Finished Products and individual cuts click here).
Terms and Conditions
- All Copyright Materials and Third Party Rights are protected under applicable United States and international copyright, trademark and patent laws, which means that they cannot be copied or incorporated into craftwork items and sold to others without the written permission of Provo Craft or its licensors.
- Any Finished Product to be sold under this Angel Policy must either not incorporate Third Party Rights, or if it does, the sale must comply with all applicable Third Party Rights Restrictions.
- Mass Production of craft items incorporating Copyright Material or Third Party Rights is strictly prohibited
- Except as provided in Section 7 below, no person may use, and this Angel Policy does not permit use of the Provo Craft name or trademark or any other trademarks, trade names, trade dress or logos of Provo Craft. Neither the Provo Craft name or trademark nor any other trademarks, trade names, trade dress or logos of Provo Craft may be used at any location where personal craftwork items are sold, nor may they be used in any manner to advertise or promote such items nor in a manner that states, suggests or implies an endorsement or sponsorship by, or affiliation with Provo Craft.
- Use of Copyright Material or Third Party Rights for the purpose of creating logos, trademarks, trade names, trade dress, labels, tags or packaging (e.g., company trademarks, product trademarks, product packaging, etc.) is strictly prohibited.
- Each Finished Product that incorporates any Copyright Material must be conspicuously marked with the notice “Includes Copyright Material of Provo Craft and Novelty, Inc.” in a reasonable size and location on such items, or on tags or labels for such items.
- Copyright Material may not be altered in any manner, including without limitation, copyright notices, or the like. Any such alteration will be considered an infringement of copyright. Provo Craft expressly reserves all moral rights in its Copyrighted Material.
- Provo Craft may post such modifications or terminations on this website, notify affected persons in writing, or both. Any modification or termination posted on this website shall be deemed effective and binding upon all parties five (5) business days after posting. Any modification or termination that is separately given in writing (including by email) to any person, shall be deemed effective and binding upon that person immediately upon receipt. Upon termination, all copying, sales, distribution, advertising and marketing of any of craft items incorporating Copyright Material shall immediately cease.
- Persons offering or selling Finished Products pursuant to this Angel Policy are solely responsible for complying with any and all applicable federal, state and local laws and regulations.
- Persons creating Finished Products items pursuant to this Angel Policy assume all liability and responsibility for suitability of their craftwork items and for any claim or dispute arising as a result of the sale, offer for sale and/or distribution of their items and agree to indemnify and hold harmless Provo Craft and Novelty, Inc. and holders of any Third Party Rights from disputes arising from the sale, offering for sale and/or distribution of such items.
- Provo Craft and Novelty, Inc. is a Utah corporation. The laws of the State of Utah govern this Angel Policy. The state and federal courts of Utah will have exclusive jurisdiction over any proceeding arising from this policy. Any person who makes and sells Finished Products under this Angel Policy expressly agrees to be subject to the exclusive personal jurisdiction of the courts of the State of Utah. Any failure by Provo Craft to enforce any of its rights or any Third Party Rights will not constitute a waiver of such rights.
For more information about using Copyright Material or any Third Party Rights, or if you have any questions regarding this Angel Policy, please contact Provo Craft and Novelty, Inc., Marketing Department, at 1-800-937-7686.