legal terms of use

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

This Web Site and its contents, unless otherwise indicated, are the property of Prosper Brand Group, LLC, Easy Cut Pop-up, and/or its subsidiaries or affiliates (collectively "ECP") and are protected, without limitation, by U.S. and foreign copyright and trademark laws.

By accessing or using this Site, you agree to the terms set forth in these Terms of Use which constitute an agreement between you and ECP. If you do not agree with the Terms of Use, you should leave the Site immediately. ECP reserves the right, in its sole discretion, to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications or updates. You agree to review these Terms of Use on a periodic basis.

USE OF MATERIALS CONTAINED ON THIS SITE

The Site contains material that is derived in whole or in part from material supplied by ECP and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the purchased Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of ECP's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without ECP's express written consent is prohibited.

EDUCATORS

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SHOPPING

ECP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY ECP ON THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that ECP's sole and exclusive maximum liability arising from any product sold by ECP on the Site shall be the price of the product ordered. ALL SALES ARE FINAL. NO REFUNDS WILL BE ISSUED IF THE DOWNLOAD LINK HAS BEEN RECEIVED BY THE EMAIL PROVIDED BY THE CUSTOMER. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO DEACTIVATE ANY SPAM FILTERS THAT MAY PREVENT THE EMAIL TO BE DELIVERED TO THE CUSTOMERS MAILBOX.

IN NO EVENT SHALL ECP, ITS PARENT COMPANIES AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, ECP shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ECP shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ECP will issue a credit to your credit card account in the amount of the charge.

Your receipt of an electronic or other form of order confirmation does not signify ECP's acceptance of your order, nor does it constitute confirmation of ECP's offer to sell. ECP reserves the right at any time after receipt of your order to accept or decline your order for any reason. ECP reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. ECP may require additional verifications or information before accepting any order. ECP may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

POSTINGS

To the extent that portions of this Web Site (such as "Discussion Boards" or "Reader Reaction") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT ECP DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect the views of ECP. ECP shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site.

ECP reserves the right to monitor all Postings and to remove any it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws or otherwise unacceptable.

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material contained in such Postings; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful

You hereby authorize ECP to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that ECP or such other parties see fit. You shall have no claim or other recourse against ECP for infringement of any proprietary right in Postings.

USER CONDUCT

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.

These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service are found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

Users are not permitted to upload, transmit, distribute or otherwise publish through this Web Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights , abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

LINKED SITES

ECP has provided links with other internet websites that are maintained by third parties, including the affiliates of ECP and our authors. You understand, acknowledge and agree that ECP does not verify, endorse, or have any responsibility for the content, business practices or operations of any such third party websites. Any dealings that you have with any linked third party website are between you and the operator of the linked website and you acknowledge and agree that we are not liable for any loss or claim you may have against a third party website operator. ECP is not responsible for content or the practices of such third party sites. These terms and conditions apply solely to the ECP Site and you should always review the terms and conditions and privacy policy of any website that you access through a link from this Site.

DISCLAIMERS OF WARRANTIES

THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THIS WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ECP AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THIS WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THIS WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THIS WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THIS WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THIS WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEB SITE OR ANY LINKED WEB SITE. ECP DOES NOT WARRANT THAT THIS WEB SITE, ANY OF THE WEB SITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ECP DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THIS WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, ECP SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THIS WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, ECP AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

ECP, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

DISCLAIMERS/LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT ECP LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL ECP, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "ECP ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THIS WEB SITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THIS WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ECP OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THIS WEB SITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THIS WEB SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE ECP ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE ECP ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE ECP ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

THE ECP ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS WEB SITE OR THE CONTENT.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ECP'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY ECP AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE ECP WEB SITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the ECP Entities and individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms Of Use, including, without limitation: (a) your use of the Web Site; (b) your violation of these Terms Of Use or any law, rule or regulation; (c) your use of the content; or (d) any of your uploaded information, as applicable. You will cooperate as fully and reasonably as required by ECP in the defense of any claim. Notwithstanding the foregoing, ECP retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against ECP herein under the terms and provisions of this Section and in no event shall you settle any such claim without ECP's prior written approval.

OTHER

This site is controlled and operated by ECP from its offices in the State of New York, United States of America. ECP makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law You agree to submit to the exclusive jurisdiction of the courts of the state New York and the federal courts located in New York City, New York. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

We prohibit the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our DMCA Copyright Agent with the following information:

(a) identification of the copyrighted work claimed to have been infringed;

(b) identification of the allegedly infringing material on the Site that is requested to be removed;

(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Contact information for Prosper Brand Group, LLC Copyright Agent for Notice of claims of copyright infringement on the Site is below:

Prosper Brand, LLC

POB 34628. ECM 25210

Seattle, WA 98124

We will remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

Revised: Jan. 1 2008

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