Terms Of Use
Last Updated: September 8, 2022
PLEASE REVIEW THESE TERMS OF USE FOR THIS WEBSITE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT USE THE WEBSITE OR ANY OF ITS OFFERINGS IN ANY MANNER OR FORM, AND FURTHER YOU MUST NAVIGATE AWAY FROM THIS WEBSITE.
Please Note: We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on our Website.
1. INTRODUCTION
Welcome to www.woolhatcreative.com (the “Website”). The Website is owned and operated by Wool Hat Creative of Denver, Colorado and its subsidiaries and affiliates (collectively referred to herein as “Wool Hat Creative,” “WHC”, “we,” “us,” and “our”). By accessing or using our Website on any computer, mobile phone, table, console or other device (collectively, “Device”) and/or using any services (including WHC Mobile Services, defined below) offered through the Website (the “Services”), you (collectively referred to herein as “you”, “your”, “user”) signify that you have read, understand and agree to be bound by these Terms of Use, any and all rules, guidelines and directions found throughout the Website, and any other applicable law. Please read these Terms of Use carefully. Wool Hat Creative may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use.
2. AUTHOIRIZED USE
Subject to these Terms of Use, woolhatcreative.com grants you the right to access and use this Website. Unless otherwise specified, or agreed-upon by us, this Website is for your personal, non-commercial use only. You must be 18-years or older to use this Website . You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any information, materials and content (collectively, “Content”) appearing on the Website (except for Content on the Download page), including User Generated Content (defined below), without WHC’s prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
3. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of this Website, you warrant to Wool Hat Creative that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use this Website in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.
4. REVISIONS AND ERRATA
The Content appearing on WHC’s Website could include technical, typographical, or photographic errors. WHC does not warrant that any of the Content on the Website are accurate, complete, or current. WHC may make changes to the Content contained on its Website at any time without notice. WHC does not, however, make any commitment to update the Content.
5. COPYRIGHTS
This Website and/or our Services contain intellectual property owned by Wool Hat Creative, LLC, including, without limitation, trademarks, service marks, copyrights, proprietary information and other intellectual property as well as the Wool Hat Creative name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof (collectively, “WHC IP”). Your use of our Website or Services does not constitute any right or license for you to use WHC IP without the prior written permission of Wool Hat Creative, LLC.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, Service, Content or WHC IP, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Website and/or Service, without refund, if you are found to be violating this intellectual property policy.
You are permitted to hypertext link to the Content of our Website provided that you give full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
Our Content, as found within our Website and Services, is protected under United States intellectual property rights laws. Copying, redistribution, use or publication for commercial use by you of any such Content is a violation of our intellectual property rights. Your use of WHC’s Website and Services does not grant you any ownership right to our Content.
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by contacting us at: https://www.woolhatcreative.com/contact.
6. USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by Wool Hat Creative. Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Wool Hat Creative a nonexclusive, nonrevocable, worldwide, transferable, royaltyfree, perpetual right to use your User generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
7. CONTENT IS NOT PRESCREENED
Wool Hat Creative does not prescreen User Generated Content. WHC does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. WHC is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event WHC chooses to monitor any User Generated Content, WHC assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. WHC reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
8. COPYRIGHT INFRINGEMENT CLAIMS
We respect and honor the intellectual property rights of others. If you believe that your work has been copied and posted on the Website, such that it constitutes infringement, please provide us with the following information:
· Identification of the copyrighted work claimed to have been infringed;
· Identification of the allegedly infringing material on the Website that is requested to be removed;
· Your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary;
· 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;
· 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
· 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.
Our copyright agent for notice of claims of copyright infringement on the Website is: https://www.woolhatcreative.com/contact.
9. MONITORING AND ENFORCEMENT
We reserve the right to:
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
· Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms of Use.
· Without limiting the foregoing, we reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU AGREE TO WAIVE AND HOLD HARMLESS WOOL HAT CREATIVE, LLC, AND ITS OWNERS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WOOL HAT CREATIVE AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WOOL HAT CREATIVE, OR SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
10. MOBILE SERVICES
The Website contains services and features that are available to certain mobile Devices (the “WHC Mobile Services”). Your carrier’s normal rates and fees apply. Not all WHC Mobile Services will work with all carriers or Devices. By using WHC's Mobile Services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of the WHC Mobile Services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
11. LINKS
The Website may contain links to websites, applications or other products or services operated by other companies (“Third Party Websites”). Wool Hat Creative does not endorse, monitor or have any control over these Third Party Websites, which have separate terms of use and privacy policies. Wool Hat Creative is not responsible for the content or policies of Third Party Websites and you access such Third Party Websites at your own risk.
12. PRIVACY
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.
13. INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless Wool Hat Creative, LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all alleged or actual claims, damages, liabilities, losses, suits, costs and expenses, including reasonable attorney’s fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.
14. USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. Wool Hat Creative is not responsible or liable for any loss or damage resulting from any interaction with other Website users, persons you meet through the Website, or persons who find you because of information posted on, by or through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, and conduct any necessary investigation before meeting another person. Wool Hat Creative is under no obligation to become involved with any user dispute, but may do so at its own discretion.
15. WARRANTY DISCLAIMER
WHC is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, WHC disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non infringement. Our Website and its Content are for informational and educational purposes only and are intended for a general audience. You acknowledge and agree that our Content and our Services may not be suitable for all persons, businesses, locations, or specific situations. WHC cannot guarantee and does not promise any specific results from use of the Website. WHC does not represent or warrant that the Website will be uninterrupted or errorfree, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, WHC does not make any warranties or representations regarding the use of the materials or Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content voluntarily and at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data, accidents, delays, damage, death, lost profits, personal or business interruptions, wasted time and for any other loss or damage of any kind that may result, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. WHC reserves the right to change any and all Content and other items used or contained on the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
16. LIMITATION OF LIABILITY
WHC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A WHC EVENT OR ANY USER GENERATED CONTENT, EVEN IF WHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST WHC FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF WHC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, WHC’S LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO WOOLHATCREATIVE.COM FOR ACCESSING THIS SITE.
17. GOVERNING LAW AND ARBITRATION
You agree that this Website shall be deemed a passive website solely based in DENVER, CO, USA, which does not give rise to personal jurisdiction over WHC in jurisdictions other than Denver, Colorado. You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and WHC shall be governed in all respects by Colorado law, without regard to choice of law provisions.
You agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the User Generated Content or the purchase of Wool Hat Creative products) shall be settled by final and binding arbitration in Denver, Colorado, pursuant to the rules and procedures of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Denver, Colorado.
Any cause of action or claim you may have with respect to the Website (including but not limited to User Generated Content or the purchase of Wool Hat Creative products) must be commenced within one (1) year after the claim or cause of action arises.
18. MISCELLANEOUS
By using the Website or our Services, you agree to receive certain electronic communications from Wool Hat Creative. You agree that any notice, agreement, disclosure or other communication that WHC sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
WHC’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use.
WHC may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Wool Hat Creative regarding this Website and our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and our Services.
19. CONTACT US
If you have any questions about the Agreement, Website Services or the practices of Wool Hat Creative, you may contact us as at: https://www.woolhatcreative.com/contact.
20. CALIFORNIA CONSUMER RIGHTS AND NOTICES
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.