Effective: June 21, 2012
Please read these Terms and Conditions of Use carefully before using this Site
Ellison Educational Equipment, Inc. is doing business as ellison.com, sizzix.com, ellisoneducation.com and ellisonretailers.com, (“Ellison” “we” “us” “our”) and owns and operates these web sites (“Site”). Access to and use of our Site is governed by these Terms and Conditions of Site Use and the Terms and Conditions of Sale. By using this Site (for example, to view or purchase products), you hereby signify your assent to and acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Site.
When you visit our Site or send electronic mail to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Ellison encourages our Site users to share with us their comments, suggestions, concepts, observations, lesson plans and ideas (“Ideas”) about the Site, its products and their commercial or educational use in general. By using this Site, however, you agree to grant, unless we indicate otherwise, a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Ideas throughout the world in any media. You agree to grant Ellison the right to use the name that you submit in connection with such Ideas, if we choose. You represent and warrant that you own or otherwise control all of the rights to the Ideas that you submit; that the Ideas are accurate; that use of the Ideas you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and/or our affiliates for all claims resulting from Ideas you supply. No compensation shall be paid for Ideas, nor shall compensation be implied. Your use of this Site shall be consideration for your granting Ellison the foregoing rights to the Ideas.
We claim various proprietary and intellectual property rights to materials at this Site, including but not limited to, copyrights and trademarks (“Content”). No Content owned or licensed by us from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, resold or modified, without prior, written permission from Ellison except that you may download one copy of the Content for your personal or non-commercial use, and copies of any material must clearly display the appropriate proprietary notices. Please review the Legal Notices for instructions or further inquiry about Site content.
Unauthorized Site Use
Ellison prohibits the following activities without the prior, written approval of Ellison: linking; framing; using any robot, spider, other automatic device, or manual process to monitor or copy the Site Ideas or Content; any other interference with technological measures designed to control access to use of the Site or its contents; interfering or attempting to interfere with the proper operation of the Site and its activities; taking any action that might impose an unreasonable or disproportionately large load on the Site’s technical infrastructure. Please contact Ellison for approval inquiries.
Risk of Loss
All products purchased from us are made pursuant to and governed by Terms and Conditions of Sale. This means that all risk of loss and title for such items pass to you upon our delivery to the carrier.
Ellison encourages our Site users to reference this Site and Ellison products in developing and maintaining personal accounts on social media websites, such as Pinterest, Facebook, Twitter, Blogspot and YouTube (“Social Media Accounts”). For the convenience of our Site users, Ellison does not object to the personal, non-commercial use of any Ellison image, logo or text available on this Site (“Site Media”) for the purpose of developing and maintaining Social Media Accounts for personal, non-commercial activities. Accordingly, Ellison grants our Site users a non-exclusive, limited, non-transferable license for personal, non-commercial use of Site Media, subject to revocation for failure to comply with any of the following conditions:
- Site Media shall be used solely for the purpose of developing and maintaining Social Media Accounts for personal, non-commercial activity; and
- Site Media shall not be used:
- For any defamatory, slanderous or libelous purpose;
- For any illegal or criminal activity;
- For any offensive or immoral purpose (including, for example, to promote, sponsor or endorse, in any way, pornographic materials), which shall be determined solely at Ellison’s discretion; or
- To disparage Ellison, its products or services or this Site.
Revocation of the license shall become effective automatically upon failure to comply with conditions (1), (2)(a), or (2)(b). Revocation of the license shall become effective upon written notice from Ellison that it has identified a failure to comply with conditions (2)(c) or (2)(d).
This Site and all its contents and services are provided by Ellison on an “as is” basis without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, non-infringement and freedom from viruses or other harmful components. Ellison does not warrant or guarantee that the contents of the Site will be accurate, up-to-date or otherwise reliable.
We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party and/or Social Media Site or its content. A link to a Third-Party and/or Social Media Site on the Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party and/or Social Media Site. We make no representation or warranty as to (1) any products or services offered on any Third-Party and/or Social Media Site; (2) the accuracy of any statements or claims made on any Third-Party and/or Social Media Site. We are not responsible for any UGC on any Third-Party and/or Social Media Sites. The opinions expressed may not be ours, and we do not endorse any opinions expressed on any Third-Party and/or Social Media Site.
The foregoing does not limit any manufacturer’s express warranty provided with any products purchased on the Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
These Terms and Conditions of Site Use are subject to change without notice.
Limitation of Liability
Ellison will not be liable for any damages of any kind arising from the use of this Site, including but not limited to, lost profits or any special, incidental, indirect, consequential or reliance damages arising out of or in connection with our Site, our services or this agreement, under any legal theory, even if we have been advised of the possibility of such damages and notwithstanding the failure of essential purposes of any limited remedy. You hereby acknowledge that this paragraph applies to all content, products and services available through this Site. 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. Your use of this Site shall be consideration for this limitation of liability.
If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Any disputes relating in any way to your visit to our Site or to products you purchase through Ellison shall be submitted to arbitration in Orange County, California, except that, to the extent you have in any manner violated or threatened to violate Ellison’s intellectual property rights, Ellison may seek injunction or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Judicial, Arbitration and Mediation Service (“JAMS”). The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Ellison is created, owned and controlled by Ellison Educational Equipment, Inc., in the state of California, USA. As such, the laws of the state of California will govern these disclaimers, terms, and conditions, or any dispute relating to this Site without giving effect to any principles of conflicts of laws. Further, any Site contract was created and is being performed in the state of California.