Cricut Legal
Terms of Use
Effective Date: October 12, 2020 (v 2.2.3)
These Terms of Use together with any documents, policies, or terms they incorporate by reference (“Terms of Use”) are entered into by and between you and Cricut, Inc. (“Cricut”, “we”, “our”, or “us”). For purposes of these Terms of Use “you” For purposes of these Terms, “you” refers to the individual visiting, viewing, using, or accessing the Cricut.com website and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials, SMS/texting services, or other online services provided by Cricut (collectively, "our Site"). These Terms of Use also govern your participation in any Sponsored Activity (as defined below).
- Acceptance. By using or visiting our Site or
participating in any Sponsored Activity you confirm your agreement to: (a) these Terms of Use; (b) Cricut's
Privacy Policy, found at https://cricut.com/en-au/legal#privacy-policy; (c) End User License
Agreement, found at https://cricut.com/en-au/legal#eula; (d) Submission Agreement, found at https://cricut.com/en-au/legal#submission-agreement and (e)
Cricut's Angel Policy, found at https://cricut.com/en-au/legal#angel-policy. Cricut's Privacy Policy,
End User License Agreement and Angel Policy are each incorporated by reference herein. If you do not agree to
any of these Terms of Use, the Privacy Policy, the End User License Agreement or the Angel Policy, please do not
use our Site or participate in any Sponsored Activity.
Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most current version at https://cricut.com/en-au/legal#terms-of-use. Cricut may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. - Sponsored Activity. "Sponsored Activity" or "Sponsored Activities" means any and all online and offline activities sponsored by Cricut, including, without limitation, (a) visiting and viewing our Site and any other websites operated by Cricut; (b) submission of any Content (as defined below); (c) to make purchases of product or services on our Site; and (d) participation in any forum, project center, message board, bulletin board, internal messaging system, or social media site or program sponsored by Cricut.
- Your Account. To access our Site, make purchases of
products or services, or participate in any Sponsored Activity you may be asked to (a) provide certain
registration details or other information; (b) to establish a user account specific to you ("your Account"). To create your Account, you must qualify under and agree to
the conditions set forth below:
- You are either 18 years old or older or the age of legal consent in your jurisdiction, whichever is older. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time.
- All information that you provide in your registration form for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information.
- You acknowledge that in establishing your Account you have provided us with certain personal information about you. While we normally keep this information confidential, you agree that it may be necessary, from time to time, to disclose certain personal information to third parties and you consent to all such disclosures. Please see our Privacy Policy for further information.
- Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, log-in or user ID to access or use the Site to arrange, enter, and/or participate in any Sponsored Activity, or for any other purposes. We take no responsibility for any third party access to your Account.
- You have verified and determined that your use of the Site does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case.
- You fully understand the methods, rules and procedures of the Site, and your use of the Site and participation in any Sponsored Activity will always comply fully with this Agreement, the Privacy Policy and the End User License Agreement.
- You will not engage in any conduct that injures or may injure the business, reputation or goodwill of Cricut.
- You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms of Use.
- You shall not infringe or encroach upon Cricut's or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets.
- You are physically located in a U.S. state, or a jurisdiction located outside the United States, in which participation in Site or Sponsored Activities are not prohibited by the law of that state or jurisdiction.
- You will not use the Site or any Sponsored Activity for fraudulent or otherwise illegal, infringing or disallowed purposes; should you learn that any user is using the Site or any Sponsored Activity for fraudulent or otherwise illegal, infringing, or disallowed purposes, you will immediately notify us.
- You understand that we may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site or any Sponsored Activity is illegal or restricted.
- You will not mask your identify in any way, including without limitation, IP masking by accessing the Site or any Sponsored Activity over any type of proxy server, through IP masking software or the like.
- Use of this Site. Cricut hereby grants you permission
to access and use our Site and to engage in Sponsored Activities subject to these Terms of Use, and provided
that you agree:
- Not to alter or modify any part of our Site;
- Not to engage in the sale of access to our Site or any Content on our Site;
- Not to engage in the sale of advertising, sponsorships, or promotions placed on or within our Site or any Content;
- Not to engage in the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via our Site, unless other material not obtained from Cricut appears on the same page and is of sufficient value to be the basis for such sales;
- Not to circumvent, disable or otherwise interfere with security-related features of our Site or any Sponsored Activity or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Site or any Sponsored Activity or the Content therein;
- Not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses our Site in a manner that sends more request messages to the Cricut servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Not to collect or harvest any personally identifiable information, including account names, from our Site, nor to use the communication systems provided by our Site or any Sponsored Activity (e.g., email, or comments or other posts in a forum or project center or on a message board, internal messaging system or bulletin board) for any commercial solicitation purpose; and
- Not to solicit away from our Site, for commercial purposes, any users of our Site or any Sponsored Activity with respect to their Content.
Cricut reserves the right to discontinue any aspect of our Site or any Sponsored Activity at any time. For more information about what constitutes a prohibited commercial use, see our Angel Policy. - Content. "Content" means all works of authorship and
other materials and intellectual property developed or provided by you, Cricut or its licensors, users of our
Site or other websites operated by Cricut, and any participants in any Sponsored Activity, including, without
limitation, text, graphics, illustrations, still photography, slides, audiovisual combinations, animations,
sounds, music, and motion videography. Content shall also include any Craft Materials (as defined below) and any
HTML code or other code developed or provided by Cricut to be used in connection with our Site, other websites
operated by Cricut, or any Sponsored Activity. As used in this Agreement, the term "Craft Materials" means any
content created by You and is submitted by You to our Sites, as well as Your name (including professional name),
likeness, signature, and biographical information. Craft Materials may also include, without limitation, audio,
video, and audiovisual materials, artwork, texts, graphics, instructions, photographs, and other files that You
submit to our Sites under this Agreement.
- Restrictions. You may not post, send, submit, publish, or
transmit in connection with our Site or any Sponsored Activity any Content that:
- You do not have the right to post, including confidential or proprietary content, material or personal or financial information of any third party;
- Is false, inaccurate or misleading;
- Advocates illegal activity or discusses an intent to commit an illegal act;
- Is vulgar, obscene, pornographic, sexually-oriented, indecent, or otherwise in violation of any laws;
- Does not pertain directly to our Site or the applicable Sponsored Activity;
- Threatens or abuses others, libels, defames, invades privacy, stalks, or is racist, abusive, harassing, threatening or offensive;
- Seeks to exploit or harm children by exposing them to inappropriate Content asking for personally identifiable details or otherwise;
- Infringes any intellectual property or other right of any entity or person, including violating anyone’s patents, trade secrets, copyrights or trademarks (including Cricut logos and other Cricut trademarks) or their rights of publicity;
- Violates any law or may be considered to violate any law;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content, material or information;
- Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities on our Site;
- Disobeys any policy or regulations established from time to time regarding use of our Site or participation in any Sponsored Activities;
- Contains hyperlinks to other websites that contain content that falls within the descriptions set forth above;
- Advertises, promotes, or solicits the donation, sale or purchase of non-Cricut products or services, the distribution of non-Cricut related coupons, eBay postings etc., are prohibited;
- Advertises, promotes or solicits participation in a multi-level marketing or pyramid scheme; or
- Advertises, promotes, or solicits other users to join or become members of any commercial online service or other organization.
- Your use of Content. In addition to the general restrictions above, the following restrictions and
conditions apply specifically to your use of Content of others. Content is provided to you AS IS and
without any warranty. You may access Content for your information and personal use solely as intended
through the provided functionality of our Site and any Sponsored Activity and as permitted under these
Terms of Use. You shall not download any Content unless you see a "download" or similar link displayed
by Cricut in connection with that Content. You shall not copy, capture, reproduce, distribute, transmit,
broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the
prior written consent of Cricut or the respective licensors of the Content. Cricut and its licensors
reserve all rights not expressly granted in and to the Content.
You understand that when using our Site and participating in any Sponsored Activity, you will be exposed to Content from a variety of sources, and that Cricut is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cricut with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Cricut, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of any Content. - Your Submissions. You grant to Cricut the limited license to original works you submit to our Site in order that Cricut may administer our Site, for example to copy such original works to multiple servers (e.g., backup servers). Cricut does not claim ownership of the original works which you submit to our Site. Note: Original works being defined as works that do not incorporate one or more images or fonts from the Cricut library, i.e., two shapes purchased and welded together to form a separate image. By posting or submitting to our Site or in connection with any Sponsored Activity, you automatically grant Cricut all rights necessary to prohibit any subsequent unauthorized aggregation, display, copying, duplication, reproduction, or exploitation of such Content by any party for any purpose. You also agree that you shall not have any right, title, or interest in Cricut’s intellectual property.
- Restrictions. You may not post, send, submit, publish, or
transmit in connection with our Site or any Sponsored Activity any Content that:
- SMS / Texting Programs. By signing up for one or more
Cricut SMS or text messaging programs, you expressly consent to receive marketing or non-marketing SMS/text
messages, as applicable, from Cricut and others SMS/texting on its behalf, at the telephone number(s) that you
provide (the “SMS Service”). Such consent is not a condition of any purchase.
- When you opt-in to the SMS Service, we will send you an SMS message to confirm your signup.
- You can cancel the SMS Service at any time. Just text “STOP” to Cricut. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to Cricut. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, Virgin Mobile, ClearSky, Google Voice, C-Spire, Cellcom, Carolina West Wireless, Interop, NTelos, and Metro PCS.
- Data rates may apply for any messages sent to you from us and to us from you.
- Message frequency varies. Cricut does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
- If you have any questions regarding privacy, please read our privacy policy at cricut.com/privacy.
- Payments. All payments to Cricut to open your Account,
enter a contest, participate in other Sponsored Activities, or purchase other goods or services must be made
using Pay-Pal, credit card, Cricut-authorized financing offers (e.g., Affirm), or other means of payment that we
may approve from time to time. All payments to Cricut must be made from a payment source on which you are the
named account holder. All payments to Cricut are not refundable, for any reason.
You agree that Cricut is not liable for any loss caused by any unauthorized use of your Pay-Pal Account, your credit card or any other method of payment by a third party in connection with our Site or any Sponsored Activity. You waive your right to dispute any payment made into your Account and you will personally bear all costs.
Any attempt to defraud our Site through the use of Pay-Pal, credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account, forfeiture of any prizes which you may have been awarded, and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials or credit card information, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments. We reserve the right to run credit checks on any user on the basis of the information provided to us on registration
Cricut may use third-party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transactions and you irrevocably agree that Cricut may give such instructions on your behalf in accordance with your requests as submitted with your order. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these Terms of Use and the ESP's terms and conditions then these Terms of Use shall govern. - Our Right to Not Accept Your Order or Cancel Your Purchase. Cricut reserves the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs: the product is not available/in stock (any payments will be refunded); your billing information is not correct or not verifiable; your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; your bank transfer payment is not received within twelve (12) calendar days after acceptance of your order; we have reason to believe you are under eighteen (18); we have reason to believe that you are a reseller; there was an error in the price quote; or we could not deliver to the address provided by you.
- Pricing.
- Price Changes. The product prices displayed on our Site may be subject to change. Cricut reserves the right to change prices, on our Site and third-party sites, such as Google Play and Apple App Store, without notice. Subject to clause 8(b) below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.
- Pricing Errors. Please note that even though our Site is composed with care, it is possible that the pricing information on our Site contains errors. Cricut is not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
- Promotions. Cricut offered Sponsored Activities comprised of sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine any requirements of You in connection with the applicable sweepstakes, contest or promotion.
- Risk of Loss. All items purchased from Cricut are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Returns. You must contact support@cricut.com within five (5) days of receipt of your order in order to return any purchased item. No returns will be accepted after fifteen (15) days of receipt of your order. We do not offer returns on opened CRICUT® cartridges. Any returns must be in saleable condition, in original packaging. Return shipping is the customer’s responsibility, unless you have received a damaged product or the wrong product. Damaged products must be returned and will be exchanged with same item or a credit given, whichever you prefer. You may be responsible for currency conversion costs associated with international returns. You will need an RMA number before returning any products. Returns without an RMA will not be accepted. Please contact us to request an RMA. After receiving an RMA, your returns must be received within fourteen (14) days.
- Intellectual Property Rights. Unless otherwise noted,
all Content on our Site or furnished in connection with any Sponsored Activity is subject to the copyright,
trademark, trade dress and other intellectual property rights held by Cricut or its affiliates or by third
parties who have licensed their Content and rights to Cricut. All such rights are protected by U.S. and
international copyright and trademark laws. Cricut, its affiliate and licensors expressly reserve all
intellectual property rights in all Content which appears on our Site or is furnished in connection with any
Sponsored Activity. Access to our Site does not confer and shall not be deemed as conferring upon anyone any
license under any of Cricut's or any third party's intellectual property rights.
The CRICUT®, CRICUT MAKER®, CRICUT EASYPRESS®; EASYPRESS™; CRICUT JOY™; INFUSIBLE INK™; CRICUT EXPLORE®, DESIGN SPACE®, CRICUT DESIGN SPACE™, CRICUT CRAFT ROOM®, CRICUT EXPRESSION®, CRICUT LOGOS, and other marks and designs and all related product and service names, design marks and slogans are the trademarks or service marks of Cricut. All other marks are the property of their respective proprietors. No trademark or service mark license is granted in connection with the Content contained on this website, and access to our Site does not authorize anyone to use any name, logo or mark in any manner. References on our Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Cricut's endorsement, sponsorship or recommendation of such third party, or its information, products or services. - Security. You are prohibited from using any services or facilities provided in connection with our Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Cricut reserves the right to release your personal and account information to system administrators at other sites in order to assist them in resolving security incidents. Cricut reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Cricut to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD HARMLESS CRICUT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CRICUT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CRICUT OR LAW ENFORCEMENT AUTHORITIES.
- Digital Millennium Copyright Act. If you are a
copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit
a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with
the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Cricut to locate the material;
- Information reasonably sufficient to permit Cricut to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Salt Lake City, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- Warranty Disclaimer. YOU AGREE THAT YOUR USE OF OUR SITE AND YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CRICUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SITE AND YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY. CRICUT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OUR SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR PAYMENT ACCOUNT INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVERS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE OR ANY SPONSORED ACTIVITY. CRICUT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE OR ANY SPONSORED ACTIVITY OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CRICUT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability. IN NO EVENT SHALL CRICUT, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF OUR SITE OR YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR PAYMENT ACCOUNT INFORMATION STORED THEREIN, (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVERS BY ANY THIRD PARTY, AND/OR (F) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE OR ANY SPONSORED ACTIVITY,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU OR CRICUT ARE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CRICUT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Our Site is controlled and offered by Cricut from its facilities in the United States of America. Cricut makes no representations that our Site or any Sponsored Activity is appropriate or available for use in other locations. Those who access or use our Site or participate in any Sponsored Activity from other jurisdictions do so at their own volition and are responsible for compliance with local law. - Indemnification. You agree to indemnify and hold Cricut, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information, Content and services accessed from our Site.
- Choice of Law, Jurisdiction. These Terms and Conditions supersede any other agreement between you and Cricut to the extent necessary to resolve any inconsistency or ambiguity between them. Our Site is administered by Cricut from its offices in Utah. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to our Site shall be brought only in the courts of the State of Utah or the United States District Court for the District of Utah. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Ability to Accept Terms of Use. You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of thirteen (13), as our Site and the Sponsored Activities are not intended for children under thirteen (13). If you are under thirteen (13) years of age, then please do not use our Site or engage in any Sponsored Activity. There are many other great websites for you. Talk to your parents about what sites are appropriate for you.
- Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cricut without restriction.
- Termination. You or we may suspend or terminate your account or your use of our Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of our Site at any time without notice.
- General. You agree that the Site and Sponsored Activities shall be deemed solely based in Utah and that our Site the Sponsored Activities shall not give rise to personal jurisdiction over Cricut, either specific or general, in jurisdictions other than Utah. These Terms of Use, together with the Privacy Policy, the Angel Policy, the End User License Agreement and any other legal notices published by Cricut on our Site, shall constitute the entire agreement between you and Cricut concerning our Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Cricut's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Cricut reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND CRICUT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Terms & Conditions
Effective Date: June 17, 2020 (v1.0.1)
Purchase order terms and conditions
Digital credit terms and conditions
Cricut sales order terms and conditions
Unless a separately signed written agreement governs this Purchase Order, you and Cricut agree that the following terms replace and supersede any additional conflicting terms submitted with your Purchase Order and are the only terms under which CRICUT will sell or license its products ("Products") to you.
Payment terms and conditions of sale:
Prices for Products are those set out in CRICUT’s current Price List, less the applicable discount, if offered. CRICUT may modify the Price List at any time, including changes to the Products or their corresponding list prices. All Product prices include delivery from the CRICUT warehouse to your carrier, at which point title and risk of loss to the Products will pass to You. Except as may be specifically authorized in writing by CRICUT, and subject to CRICUT’s continuing approval of your credit status and financial condition, you will pay CRICUT for all Products ordered by within thirty (30) days of the date of the corresponding invoice issued by CRICUT. CRICUT, in its sole discretion, reserves the right to specify, and to change from time to time, your credit line and payment terms. All payments are to be made in US dollars. If at any time you are delinquent in the payment of any invoice, exceed the credit line established by CRICUT, or are otherwise in breach of the Purchase Order, CRICUT may, in its discretion, withhold shipment (including partial shipments) of any order or may require you to pay cash on delivery for further shipments. Payment not received by CRICUT when due may be subject to a late payment service charge.
Product Returns:
It is Cricut’s policy that all sales are final; however in limited instances a return may be authorized. Prior to returning any inventory you must obtain a Return Material Authorization (RMA) number from Cricut. An application for return must be submitted within 30 days of receiving the merchandise. You must provide the PO and invoice number. Unauthorized returns will not be issued credit. For more information please contact Cricuts wholesale dept. at 1.800.937.7686.
Hardware Warranty:
CRICUT warrants to the end-user that each item of hardware ("Hardware") will be free from defects in workmanship and materials for its respective warranty period, which begins on the date of purchase by the end-user. End-users’ exclusive remedy and CRICUT’s sole obligation and liability under this warranty is to promptly repair or replace any failed Hardware returned to You on behalf of an end-user because of defects in workmanship or material.
Software Warranty:
CRICUT warrants to the end-user that each item of software ("Software"), as delivered or updated by CRICUT and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function during its respective warranty period substantially as described in the user documentation supplied by CRICUT with the Software. If any item of Software fails to so perform during its warranty period, as the sole remedy CRICUT or CRICUT’s supplier will at its discretion provide a suitable fix, patch or workaround for the problem, which may be included in a future revision of the Software.
Limitations:
These warranties do not apply to any Product which has been (i) altered, except by CRICUT or in accordance with its instructions, or (ii) used in conjunction with another vendor’s product resulting in the defect, or (iii) damaged by improper environment, abuse, misuse, accident or negligence. Replacement parts furnished under this warranty may be refurbished or contain refurbished components. The foregoing warranties and limitations are exclusive remedies and are in lieu of all other warranties express or implied, including without any limitation warranty of merchantability or fitness for a particular purpose.
Limitation of Liability:
CRICUT shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of malfunction of the Products, loss of profits or revenues or costs of replacement goods, even if CRICUT is informed in advance of the possibility of such damages. Except as required by law, in no event will CRICUT’s liability in connection with the Products or this Purchase Order exceed the amounts actually paid to CRICUT under this Purchase Order for the Products giving rise to such liability. These limitations apply to all causes of action in the aggregate. No action may be brought or arbitration demanded at any time more than twelve (12) months after the occurrence of the facts giving rise to the cause of action.
General:
Parties will abide by all export laws and regulations of the United States with respect to export of any Hardware, Software or technical information provided by one to the other. Products shall not be supplied to a Distributor in any country if (1) the export of any such product to such country is prohibited by the laws of the United States, including the Export Regulations of the Department of Commerce of the International Traffic in Arms Regulation of the Department of State; (2) the import of any such Product into such country is prohibited by the laws of such country; or (3) the proper import certificate(s) required by the laws of such country for the lawful importation of any such product have not been obtained. Neither party shall be liable for delays or failure to meet obligations pursuant to this Purchase Order due to causes beyond the party’s reasonable control, provided the non-performing party promptly notifies the other party of the non-performance and takes all reasonable steps to recommence performance promptly.
Jurisdiction; Waiver of Jury Trial:
Any disputes arising out of this Purchase Order shall be subject to the jurisdiction of, and must be brought before, the state courts of Utah, county of Utah, or the U.S. District Court for the District of Utah. You consent to the waiver of a jury trial.
Applicable Law:
This Purchase Order shall be governed by and construed in accordance with the laws of the United States and the State of Utah. The parties agree that the United Nations Conventions on Contracts for the International Sale of Goods are specifically excluded from application of this Purchase Order.
Cricut Purchase Order Terms and Conditions
1. SERVICES & DELIVERABLES. Seller agrees to provide the Goods or deliverables (collectively referred to as "Goods"), described in any purchase order, in accordance with these Terms and Conditions ("Agreement"). Upon acceptance of a purchase order, shipment of Goods or commencement of a Service, Seller shall be bound by the provisions of these Terms and Conditions, including all provisions set forth on the face of any applicable purchase order, whether Seller acknowledges or otherwise signs this Agreement or the purchase order, unless Seller objects to such terms in writing prior to shipping Goods or commencing Services.
This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded or otherwise altered, except by writing signed by an authorized Cricut representative. Any terms or conditions contained in any acknowledgment, invoice or other communication of Seller, which are inconsistent with the terms and conditions herein, are hereby rejected. If there is a conflict between the English terms and the Chinese terms, then English terms shall control. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such assent.
2. DELIVERY. Time is of the essence. Delivery of Goods shall be made pursuant to the schedule, via the carrier and to the place specified on the face of the applicable purchase order and in compliance with Cricut’s Vendor Logistics Guide. Cricut reserves the right to return, collect shipping charges, all Goods received in advance of the delivery schedule. If no delivery schedule is specified, the order shall be filled promptly and delivery will be made by the most expeditious form of land transportation. If no method of shipment is specified in the purchase order, Seller shall use the least expensive carrier. In the event Seller fails to deliver the Goods within the time specified, Cricut may, at its option, decline to accept the Goods and terminate the Agreement or may demand its allocable fair share of Seller's available Goods and terminate the balance of the Agreement. Seller shall package all items in suitable containers to permit safe transportation and handling. Each delivered container must be labeled and marked to identify contents without opening and all boxes and packages must contain packing sheets listing contents. Cricut's purchase order number must appear on all shipping containers, packing sheets, delivery tickets and bills of lading.
3. IDENTIFICATION, RISK OF LOSS & DESTRUCTION OF GOODS. Identification of the Goods shall occur in accordance with Cricut’s Vendor Logistics Guide, or as otherwise specified by Cricut. Seller assumes all risk of loss until receipt by Cricut. Title to the Goods shall pass to Cricut upon receipt by it of the Goods at the designated destination. If the Goods ordered are destroyed prior to title passing to Cricut, Cricut may at its option cancel the Agreement or require delivery of substitute Goods of equal quantity and quality. Such delivery will be made as soon as commercially practicable. If loss of Goods is partial, Cricut shall have the right to require delivery of the Goods not destroyed.
4. PAYMENT. As full consideration for the delivery of the Goods and the assignment of rights to Cricut as provided herein, Cricut shall pay Seller the amount agreed upon and specified in the applicable purchase order. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts and government imposed surcharges shall be stated separately on Seller's invoice. Payment is made when Cricut's check is mailed. Payment shall not constitute acceptance. All personal property taxes assessable upon the Goods prior to receipt by Cricut of Goods conforming to the purchase order shall be borne by Seller. Seller shall invoice Cricut for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Cricut within ninety (90) days of delivery of Goods and must reference the applicable purchase order, and Cricut reserves the right to return all incorrect invoices. Unless otherwise specified on the face of a purchase order, Cricut shall pay the invoiced amount within sixty (60) days after receipt of a correct invoice.
5. WARRANTIES. Seller warrants that all Goods provided will be new and will not be used or refurbished. Seller warrants that all Goods delivered shall be free from defects in materials, design and workmanship and shall conform to all applicable specifications for a period of fifteen (15) months from the date of delivery to Cricut or for the period provided in Seller's standard warranty covering the Goods, whichever is longer. Furthermore, the Products will be free from defects and materials which could create a hazard to life or property; the Products will conform in all respects with all applicable international, federal, state, agency, and local laws, orders, and regulations, including, without limitation, those regarding: (a) safety, (b) content, (c) flammability, (d) weights, measures, and sizes, (e) processing, manufacturing, labeling, advertising, selling, shipping, and invoicing, (f) registration and declaration of responsibility, (g) occupational safety and health, and (h) noise, radio and electromagnetic emissions. If requested by Cricut in the Purchase Order, Seller hereby agrees that it will make spare parts available to Cricut for a period of five (5) years from the date of shipment at Sellers then current price. Additionally, Goods purchased shall be subject to all written express warranties made by Seller's agents. All warranties shall be construed as conditions as well as warranties and shall not be exclusive. Seller shall furnish to Cricut Seller's standard warranty and service guaranty applicable to the Goods. All warranties and Service guaranties shall run both to Cricut and to its customers.
If Cricut identifies a warranty problem with the Goods during the warranty period, Cricut will promptly notify Seller of such problems and will return the Goods to Seller, at Seller's expense. Within five (5) business days of receipt of the returned Goods, Seller shall, at Cricut's option, either repair or replace such Goods, or credit Cricut's account for the same.
Replacement and repaired Goods shall be warranted for the remainder of the warranty period or six (6) months, whichever is longer.
6. INSPECTION. Cricut shall have a reasonable time after receipt of Goods or Service deliverables and before payment to inspect them for conformity hereto, and Goods received prior to inspection shall not be deemed accepted until Cricut has run an adequate test to determine whether the Goods conform to the specifications hereof. Use of a portion of the Goods for the purpose of testing shall not constitute an acceptance of the Goods. If Goods tendered do not wholly conform with the provisions hereof, Cricut shall have the right to reject such Goods. Nonconforming Goods will be returned to Seller freight collect and risk of loss will pass to Seller upon Cricut's delivery to the common carrier.
7. INDEPENDENT CONTRACTOR. Seller is an independent contractor for all purposes, without express or implied authority to bind Cricut by contract or otherwise. Neither Seller nor its employees, agents or subcontractors ("Seller's Assistants") are agents or employees of Cricut.
8. SELLER RESPONSIBLE FOR TAXES AND RECORDS. Seller shall be solely responsible for filing the appropriate federal, state and local tax forms, and paying all such taxes or fees, including estimated taxes and employment taxes, due with respect to Seller's receipt of payment under this Agreement. Seller further agrees to provide Cricut with reasonable assistance in the event of a government audit. Cricut shall have no responsibility to pay or withhold from any payment to Seller under this Agreement, any federal, state or local taxes or fees.
9. INSURANCE. Seller shall be solely responsible for maintaining liability, and other insurance, as is required by law or as is the common practice in Seller's trades or businesses, whichever affords greater coverage. Upon request, Seller shall provide Cricut with certificates of insurance or evidence of coverage before commencing performance under this Agreement. Seller shall provide adequate coverage for any Cricut property under the care, custody or control of Seller.
10. INDEMNITY. Seller shall indemnify, hold harmless, and at Cricut's request, defend Cricut, its officers, directors, customers, agents and employees, against all claims, liabilities, damages, losses and expenses, including attorneys' fees and cost of suit arising out of or in any way connected with the Goods or Services provided under this Agreement, including, without limitation, (i) any claim based on the death or bodily injury to any person, destruction or damage to property, or contamination of the environment and any associated clean up costs, (ii) any claim based on the negligence, omissions or willful misconduct of Seller or any Seller's Assistants, and (iii) except where a design, or specification, is provided by Cricut, any claim by a third party against Cricut alleging that the Goods or Services, the results of such Services, or any other products or processes provided under this Agreement, infringe a patent, copyright, trademark, trade secret or other proprietary right of a third party, whether such are provided alone or in combination with other products, software or processes. Seller shall not settle any such suit or claim without Cricut's prior written approval. Seller agrees to pay or reimburse all costs that may be incurred by Cricut in enforcing this indemnity, including attorneys' fees.
Should Cricut's use, or use by its distributors, subcontractors or customers, of any Goods or Services purchased from Seller be enjoined, be threatened by injunction, or be the subject of any legal proceeding, Seller shall, at is sole cost and expense, either (a) substitute fully equivalent non-infringing Goods or Services; (b) modify the Goods or Services so that they no longer infringe but remain fully equivalent in functionality; (c) obtain for Cricut, its distributors, subcontractors or customers the right to continue using the Goods or Services; or (d) if none of the foregoing is possible, refund all amounts paid for the infringing Goods or Services.
11. CONFIDENTIALITY. Seller will acquire knowledge of Cricut Confidential Information (as defined below) in connection with its performance hereunder and agrees to keep such Cricut Confidential Information in confidence during and following termination or expiration of this Agreement. "Cricut Confidential Information" includes but is not limited to all information, whether written or oral, in any form, including without limitation, information relating to the research, development, products, methods of manufacture, trade secrets, business plans, customers, vendors, finances, personnel data, Work Product (as defined herein) and other material or information considered proprietary by Cricut relating to the current or anticipated business or affairs of Cricut which is disclosed directly or indirectly to Seller. In addition, Cricut Confidential Information means any third party's proprietary or confidential information disclosed to Seller in the course of providing Services or Goods to Cricut. Cricut Confidential Information does not include any information (i) which Seller lawfully knew without restriction on disclosure before Cricut disclosed it to Seller, (ii) which is now or becomes publicly known through no wrongful act or failure to act of Seller, (iii) which Seller developed independently without use of the Cricut Confidential Information, as evidenced by appropriate documentation.
12. OWNERSHIP OF WORK PRODUCT. For purposes of this Agreement, "Work Product" shall include, without limitation, all designs, discoveries, creations, works, devices, masks, models, work in progress, inventions, products, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived or developed by Seller alone or with others which result from or relate to the Goods provided hereunder. Standard Goods manufactured by Seller and sold to Cricut without having been designed, customized or modified for Cricut do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Cricut. Seller hereby agrees to irrevocably assign and transfer to Cricut and does hereby assign and transfer to Cricut all of its worldwide right, title and interest in and to the Work Product including all associated intellectual property rights. Seller agrees: (a) to disclose promptly in writing to Cricut all Work Product in its possession; (b) to assist Cricut in every reasonable way, at Cricut's expense, to secure, perfect, register, apply for, maintain, and defend for Cricut's benefit all copyrights, patent rights, mask work rights, trade secret rights, and all other proprietary rights or statutory protections in and to the Work Product in Cricut's name as it deems appropriate; and (c) to otherwise treat all Work Product as Cricut Confidential Information as described above. These obligations to disclose, assist, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Cricut to Seller shall remain the sole property of Cricut.
13. TERMINATION. Cricut may terminate this Agreement upon written notice. In the event of such termination, Cricut shall pay Seller for the portion of those conforming Goods delivered to Cricut through the date of termination, less appropriate offsets.
Upon the expiration or termination of this Agreement: (a) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration; and (b) Seller will promptly notify Cricut of all Cricut Confidential Information or any Work Product in Seller's possession and, at the expense of Seller and in accordance with Cricut's instructions, will promptly deliver to Cricut all such Cricut Confidential Information and/or Work Product.
14. FORCE MAJEURE. Cricut shall not be liable for any failure to perform including failure to take delivery of the Goods as provided caused by circumstances beyond its control which make such performance commercially impractical including, but not limited to, acts of God, fire, flood, acts of war, government action, accident, labor difficulties or shortage, inability to obtain materials, equipment or transportation. In the event Cricut is so excused, either party may terminate the Agreement and Cricut shall at its expense and risk, return any Goods received to the place of shipment.
15. SEVERABILITY. If any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL CRICUT BE LIABLE TO SELLER OR SELLER'S ASSISTANTS, OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT, WHETHER OR NOT CRICUT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
17. ASSIGNMENT; WAIVER. Seller may not assign this Agreement or any of its rights or obligations under this Agreement, without the prior written consent of Cricut. Any assignment or transfer without such written consent shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of Cricut without restriction. A waiver of any default hereunder or of any term or condition of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or any other term or condition.
18. NON-EXCLUSIVE AGREEMENT. This is not an exclusive Agreement. Cricut is free to engage others to perform Services or provide Goods the same as or similar to Seller's. Seller is free to, and is encouraged to, advertise, offer and provide Seller's Services and/or Goods to others; provided however, that Seller does not breach this Agreement.
19. NOTICES. Except for Purchase Orders which may be sent by local mail, facsimile transmission, or electronically transmitted, all notices, and other communications hereunder shall be in writing, and shall be addressed to Seller or to an authorized Cricut representative, and shall be considered given when (a) delivered personally, (b) sent by confirmed telex or facsimile, (c) sent by commercial overnight courier with written verification receipt, or (d) three (3) days after having been sent, postage prepaid, by first class or certified mail.
20. SURVIVAL OF OBLIGATIONS. Any obligations and duties which by their nature extend beyond the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement.
21. GOVERNING LAW. This Agreement shall be construed in accordance with, and disputes shall be governed by, the laws of the State of Utah, excluding its conflict of law rules. The Fourth District Court of Utah or the United States District Court for the District of Utah shall have jurisdiction and venue over all controversies arising out of, or relating to, this Agreement. The applicability of the UN Convention on Contracts for the International Sale of Goods is hereby expressly waived by the parties and it shall not apply to the terms and conditions of this Agreement.
22. ENTIRE AGREEMENT; MODIFICATION. This Agreement is the complete, final and exclusive statement of the terms of the Agreement between the parties and supersedes any and all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to the subject matter hereof. This Agreement may not be varied, modified, altered, or amended except in writing, including a purchase order or a change order issued by Cricut, signed by the parties. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any acknowledgment or other document submitted by Seller. Notwithstanding the foregoing, this Agreement will not supersede or take the place of any written Agreement which is signed by both parties and covers the same subject matter as this Agreement or its related purchase orders.
23. COMPLIANCE WITH LAWS. Seller shall comply fully with all applicable federal, state and local laws in the performance of this Agreement. Upon Cricut's request, Seller will promptly provide Cricut with a statement of origin for all Goods and other documents reasonably requested by Cricut in order to effect the import/export of the Goods to the location designated by Cricut.
24. INJUNCTIVE RELIEF. Seller acknowledges and agrees that the obligations and promises of Seller under this Agreement are of a unique, intellectual nature giving them particular value. Seller's breach of any of the promises contained in this Agreement will result in irreparable and continuing damage to Cricut for which there will be no adequate remedy at law and, in the event of such breach, Cricut will be entitled to seek injunctive relief, or a decree of specific performance.
Digital Credit Terms & Conditions
The following terms govern the use and redemption of certain promotional credits made available to you as a limited promotion in connection with the sale of Cricut® products. These terms and conditions apply except where otherwise required by law. This credit can only be redeemed for certain digital images or other digital material made available by Cricut on its websites. The credit is provided to you as a free promotional component of a product offering.
This is a limited-time offer. Credit/codes must be redeemed by the expiration date indicated on the promotional card or offer details. Credit/codes may only be used for purchases of digital Cricut® content through Cricut Design Space™, Cricut Craft Room® or other Cricut®designated sites. Digital credit/codes are available to customers located and with billing addresses in the United States and Canada. You must have a cricut.com account and accept the cricut.com Terms of Use and Privacy Policy to redeem your credit/codes. You must have, or download, Cricut Design Space™ or Cricut Craft Room® design software in order to purchase digital Cricut® products. This offer is not transferable, not exchangeable, and not redeemable for cash, and is void where prohibited by law. Additional taxes may apply in certain jurisdictions.
We reserve the right, in our sole discretion, to terminate or modify this promotion. Notice of a modification will be posted at this website. This promotional offer applies only to qualifying products.
Gift Cards
Purchase of or use of this card constitutes agreement to the following terms:
This card may only be used for purchases made online at cricut.com. This card has no fees and is not redeemable or refundable for cash. Unless stated otherwise, this card shall not expire and may not be redeemed for shipments outside the U.S. Lost or stolen cards will not be replaced.
Additional payment required if purchase price exceeds the value of the Cricut Gift Card. Gift Cards are not for resale. Any term or condition of this card is void where prohibited by law. These terms and conditions are subject to change without notice. To check the available balance on a Gift Card, call 877-7CRICUT. Issued by Cricut, Inc.
Angel Policy
Effective Date: May 17, 2022 (v 1.0.1)
Cricut, Inc. (“Cricut”) 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. Cricut 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 Cricut, or licensed by third parties to Cricut 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.”
Definitions
- Angel Policy means this permission document. Cricut 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 Cricut, or licensed as Third Party Rights to Cricut.
- Finished Product means completed projects (e.g. cards, scrapbook pages, cakes) with multiple cuts permanently affixed. (To see examples of Finished Products click here).
- 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 Cricut, made available to Cricut under license. Use of Third Party Rights by Cricut 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 Cricut’s licensors of Third Party Rights, as set forth in the end-user license agreements, instructions, user manuals or other documentation provided by Cricut with the applicable products that make use of such Third Party Rights.
Permission
Subject to the terms and conditions set forth herein and to all applicable Third Party Rights Restrictions, Cricut 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, Kirstie Allsopp (BBC Worldwide Limited), Entertainment One UK Limited, Nickelodeon (Viacom International, Inc.), and Boys Scouts of America 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.
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 Cricut 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 6 below, no person may use, and this Angel Policy does not permit use of the Cricut name or trademark or any other trademarks, trade names, trade dress or logos of Cricut. Neither the Cricut name or trademark nor any other trademarks, trade names, trade dress or logos of Cricut 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 Cricut.
- 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 Cricut,” 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. Cricut expressly reserves all moral rights in its Copyrighted Material.
- Cricut 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 Cricut and holders of any Third Party Rights from disputes arising from the sale, offering for sale and/or distribution of such items.
- Cricut, 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 Cricut 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 us at copyright@cricut.com.
FAQs
- Can I sell my crafts made with my Cricut cutting machine? Yes. Our products and offerings are designed for personal use. The Angel policy is an additional benefit designed for those who wish to sell their creations: Cricut Angel Policy. We believe the Angel Policy is the most generous policy in our industry. The Angel Policy authorizes you to sell up to 10,000 completed projects annually (i.e., cards, scrapbook pages, finished cakes), using cuts made with Cricut products. It does not, however, authorize you to produce and sell individual, unassembled cuts using Cricut products (i.e., mass producing individually-cut letters or shapes to re-sell) nor to produce and sell items that incorporate licensed content.
- Do I have to include a copyright notice on the item I am selling? What if there is not enough room? Each finished product that incorporates any Copyright Material must be conspicuously marked with the notice: “Includes Copyright Material of Cricut.” This notice should be placed in a reasonable size and location on the items, or on tags or labels for such items.
- Can I cut fabric and letters and images from Cricut cartridges for appliques on clothing to sell?Yes, provided you comply with the terms of the Angel Policy.
- Can I make a poster designed with images from Cricut cartridges for a company event?Yes, provided you comply with the terms of the Angel Policy.
- Can I create items with Disney content to give away at a charity event? The Angel Policy does not authorize you to produce or sell individual items that incorporate licensed content from major licensors including Walt Disney Company, Sesame, Hello Kitty, Warner Bros, Martha Stewart, Kirstie Allsopp, Entertainment One UK Limited, Nickelodeon, and the Boy Scouts of America.
- Can I sell sheets of stickers made with Cricut cartridge artwork? No. Sheets of stickers are considered individual cuts so the Angel Policy does not authorize you to produce and sell individual stickers or sheets of stickers using Cricut images. However, the Angel Policy does allow you to sell stickers if they are part of a completed project.
- Can I sell boxes and tags? Yes. Boxes and tags are considered a “Finished Product.”
- How do I know which images I can use to create completed projects to sell? Except for images provided by third party artists through the Cricut Contributing Artist Program and images containing Cricut trademarks or Cricut products, all images that are part of the Cricut Image Library Subscription are covered by the Angel Policy. Other images that are not part of your Cricut Image Library Subscription may be licensed content that is subject to Third Party Rights Restrictions.
- If I create my own design and upload it into Design Space, will you make that design available to other users? Any project with a user uploaded image is by default saved as private and no one else has access to it. We do not sort through user projects looking for images that we can add to our image library to sell/give to others.
- Can I use any image in Design Space? All images that are part of the Cricut Image Library Subscription are covered by the Angel Policy. In Design Space, the images that are part of the Image Library Subscription have a green “a” symbol.
- Are fonts in the Cricut Image Library Subscription included in the Angel Policy? Yes.
- Can I sell individual die cuts of Cricut images? No. The Angel Policy authorizes you to sell up to 10,000 completed projects annually (i.e., cards, scrapbook pages, finished cakes), using cuts made with Cricut products. It does not, however, authorize you to produce and sell individual, unassembled or assembled cuts using Cricut products (i.e., mass producing individually-cut letters or shapes to re-sell).
- Does the sale of 10,000 Finished Products mean of the same item or 10,000 of each type of item? The number 10,000 is the total number of finished products per year. Finished products can be one or more cuts as long as the cut(s) are permanently affixed to the product. Keep in mind that Mass Production of craft items incorporating Copyright Material or Third Party Rights is strictly prohibited as outlined in our Angel Policy.
- Can I report potential copyright violators? Yes. We appreciate our consumer’s assistance in helping us to protect the intellectual property rights and livelihood of the artists whose work we license. Please feel free to send potentially infringing activities to copyright@cricut.com. Your report will remain anonymous.
- Is it prohibited to sell finished items which incorporates the use of your embossing folders? You can incorporate artwork from embossing folders in your finished items to sell as long as you comply with the provisions in our Angel Policy. Keep in mind that there are embossing folders that are excluded from the Angel Policy because they are licensed content including Disney and Sesame Street.
- How can I get permission to use licensed content that are not included in your Angel Policy? Cricut is not permitted to provide any contact information other than their names for these 3rd party artists. If you wish to pursue permission from them or from any artist to use their artwork, we suggest that you contact them directly and possibly seek legal counsel.
- What is your policy on where I can sell finished products? Can I sell things in a retail store? The Angel Policy currently does not have any restrictions on where you can sell your finished products. This does not constitute legal advice and it would be your responsibility to comply with any laws, regulations and/or policies of your storefront.
Privacy Policy
Effective Date: March 31, 2022 (v.2.0.0)
When you use our Services, your privacy matters.
Cricut respects your privacy. Our aim is for you to feel informed. The Privacy Policy of Cricut, Inc. (“Cricut,” “we,” “our,” and/or “us”) describes what Personal Information we collect from or about individuals who use our Services and how it is used and shared, and your rights and choices regarding our use of Personal Information. As you review this Privacy Policy, keep in mind that it applies to all our Services. This Privacy Policy constitutes an integral part of the Terms of Use that govern your use of the https://cricut.com website (“our Site”) and related services and Cricut products (collectively, our “Services”).
For additional regional disclosures, please see our Regional-Specific Privacy Notices page.
For purposes of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICES. By using our Services, you acknowledge that you have read this Privacy Policy, and agree to be bound by it. If you do not agree to any of the procedures described in this Privacy Policy, please refrain from using our Services.
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Personal Information we collect
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Personal Information you provide to us. Many areas and features on our Services do not require
registration and may be accessed by you without having to disclose any Personal Information. However, to
the extent you voluntarily provide your Personal Information to us, we collect such Personal
Information. For example, we collect Personal Information from you:
- When you register to become a member on our Services (in such event, we collect your first and last name, email address, password, country of residence, and commercial information, such as Cricut products purchased).
- When you register to participate in an event, contest, or sweepstakes (in such event, we collect your first and last name, email address, phone number, and mailing address).
- When you join our electronic mailing list (in such event, we collect your first and last name and email address). If we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services.
- When you purchase a product or service from us online (in such event, a third-party service provider that handles payments for us collects your credit card, bank account, or other payment account information in order for us to accept, process, manage, and fulfill a purchase order as well as to process a return and refund request from you after the purchase).
- When you submit a request or inquiry to us on our Services, such as when you interact with Member Care (in such event, we collect details regarding your interactions with Member Care, such as the date, time, and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number).
- If you decide to apply for a job with us, you may submit your contact information and your resume online. We will collect the Personal Information you choose to provide us as part of your job application, such as your contact information, education, and employment experience. If you apply for a job with us through a third-party platform, we will collect the Personal Information you make available to us through such third-party platform.
Each of the above means of furnishing Personal Information is referred to as a “Transaction or Request.” You control the decision to disclose your Personal Information. However, without your Personal Information, we will not be able to process your Transaction or Request.
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Personal Information we collect when you use our Services. We collect Personal Information about user
activities on our Services. For example, our Services automatically collect and log:
- “Clickstream data” or usage data for all visitors to our Services, such as IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), page requests, pages visited, content viewed, clicks and search queries made, etc. This user activity information includes your activity on Design Space such as selections, design history and search queries, etc. We also use cookies and web beacons to collect user activity information on our Services (see Section 6 below for more information).
- Device information about your machine(s) used to access or use our Services, such as web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens.
- Location information inferred from the general location of our users’ devices when they use our Services. For example, your IP address may indicate your general geographic region.
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Personal Information we receive from third parties.
- You may also post photos, comments, or reviews on our pages available through third-party platforms, including Facebook, Twitter, Pinterest, or Instagram. If you do so or if you otherwise provide Personal Information to our ads hosted on third-party platforms, we and other users may be able to view the Personal Information you make available through these third-party platforms.
- We may receive additional Personal Information about you, such as demographic information, from third parties, like data or marketing partners and combine it with other information we have about you.
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Personal Information you provide to us. Many areas and features on our Services do not require
registration and may be accessed by you without having to disclose any Personal Information. However, to
the extent you voluntarily provide your Personal Information to us, we collect such Personal
Information. For example, we collect Personal Information from you:
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Our use of Personal Information
We use Personal Information for the following purposes:- To provide, maintain, enhance, and improve our products and our Services.
- To improve the pages and content of our Services.
- To administer and maintain operations of our Services.
- To communicate to our users and members.
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To administer and manage transactions and relationships with our users and members. For example, if you:
- Provide Personal Information to us in connection with a Transaction or Request we will use your Personal Information to process, administer, manage, and communicate with you regarding, such Transaction or Request.
- Register as a member on our Services, we will use your Personal Information to set up, administer, service, and communicate with you regarding, your account.
- Register to participate in an event, contest, or sweepstakes, we will use your Personal Information to process your entry and to conduct and administer the event (including, in the case of a contest or sweepstakes, communicating with you in the event you are selected as a winner).
- Join our electronic mailing list, we will use your Personal Information to send you our electronic communications, including our newsletters and our company announcements, notices, and updates.
- Purchase a product from us, we will use your Personal Information to process and fulfill your order, to communicate with you regarding the same, and to provide member care to you
- Submit a request or inquiry to us, we will use your Personal Information to respond to your request or inquiry.
- Provide your email address or mailing address to us, we may use such address to send you notices of a transactional, administrative, or relationship nature or as required by law, such as notice of a material change in this Privacy Policy and/or the Terms of Use for our Services, notice of a security breach that affects your Personal Information stored by or for us, etc.
- For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable, or otherwise of interest to you.
- To personalize your experience on our Services, such as presenting tailored content.
- To de-identify, anonymize and/or aggregate Personal Information collected through our Services and use it for our business purposes.
- To find and prevent fraud and respond to trust and safety issues that may arise.
- For compliance purposes, including enforcing our Terms of Use or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
- For other purposes for which we provide specific notice at the time the Personal Information is collected
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Disclosure to Third Parties outside Cricut
We share or otherwise disclose Personal Information we collect from or about you as described below or otherwise disclosed at the time of the collection.- Disclosure to Affiliates. We may share any Personal Information we receive with our affiliates for any of the purposes described in this Privacy Policy.
- Disclosure to Co-Sponsors. From time to time, we may co-sponsor (online and offline) events and/or product/service offerings with non-affiliated third parties. If you participate in such co-sponsored events or offerings, any Personal Information we collect from you based on your participation may be shared with our co-sponsors who may use such Personal Information for their own marketing and advertising purposes.
- Disclosure to Service Providers. We may disclose your Personal Information to our outside vendors, service providers and contractors who need to access such Personal Information in order to perform their services (including, without limitation, transaction/payment processing, financing offers, order fulfillment, survey/contest/sweepstakes administration and prize fulfillment, data research and analysis, data collection and processing, data storage, data security, hosting and technical support for our Services, and marketing and advertising support) to us (hereinafter collectively as “Service Providers”). For example, we may use a marketing firm to conduct online surveys from time to time.
- Disclosure to Other Users. Please note that any Personal Information that you post in any public, community, or interactive areas on our Services (e.g., chat rooms, bulletin boards, message boards, and discussion groups) will be accessible to, and may be collected and used by, others and may result in unsolicited or unwanted messages or contact from others. Accordingly, please exercise caution when providing Personal Information in any public, community, or interactive areas on our Services.
- Disclosure to Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect Personal Information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/ and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
- Disclosure to Advertising Partners. We work with third-party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags and similar technologies on our Services and they may otherwise collect or have access to your Personal Information which they may collect over time and across different online services. Some of our advertising partners are members of the Network Advertising Initiative (https://optout.networkadvertising.org/?c=1#!/) or Digital Advertising Alliance (https://optout.aboutads.info/?c=2&lang=EN). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies.
- Disclosure As Required by Law and Similar Circumstances. We may access, preserve, and disclose your Personal Information to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (i) comply with legal process (including a court order or subpoena); (ii) cooperate with law enforcement; (iii) enforce this Privacy Policy and/or the Terms of Use for our Services; (iv) respond to an emergency; or (v) protect the rights, property, or safety of Cricut, one or more members of our users and members, and/or the public.
- Disclosure in a Merger, Sale, or Other Asset Transfers. In addition, we may disclose and transfer your Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we (or parts of our businesses) are sold or transferred to, merged with, or acquired by a third party. Upon such transfer, the privacy policy of the acquiring entity may govern the further use of your Personal Information.
- Disclosure with Consent. We may also disclose Personal Information from or about you or your devices with your permission.
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Your Choices
- Information Access. If you wish to check, update, or correct your Personal Information (such as name, address, phone number, or payment information) previously provided to us, you may send your request to us via email at privacyrequest@cricut.com or via postal mail at Cricut, Inc. Attn: Privacy Data Processor, 10855 South River Front Parkway, Suite 300, South Jordan, Utah U.S.A. 84095. We will endeavor to process your request as soon as possible after receipt. Also, if you have an active account on our Services, you may log in to your account to review, update, and correct your account information. For other Personal Information, we will provide you with access, except as follows; (i) we may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by law.
- Opt-Out for Email Marketing. You can unsubscribe from receiving marketing emails from us by sending your request to us via email at privacyrequest@cricut.com or via postal mail at Cricut, Inc. Attn: Privacy Data Processor, 10855 South River Front Parkway, Suite 300, South Jordan, Utah U.S.A. 84095, or by using any opt-out means (e.g., an “unsubscribe” link) provided in a marketing email. Please note, however, that unsubscribing will not stop email communications from us relating to your Transaction or Request, of a transactional, administrative or relationship nature, or as required by law, such as notice of a material change in this Privacy Policy and/or the Terms of Use for our Services.
- Cancellation of Account/Deletion of Information. If you wish to cancel your account on our Services and delete your Personal Information previously provided to us, you may do so by (1) logging into your Cricut account and selecting “Delete Account”, or (2) sending your request in writing to us via email at privacydelete@cricut.com. Doing so by way of your Cricut account settings happens systematically, whereas doing so via e-mail may require identity verification and will be processed as soon as possible after receipt. Notwithstanding the above, we reserve the right to retain your Personal Information if doing so is required by law or to comply with legal process (including a court order or subpoena), a legitimate law enforcement need, or for legitimate business purposes.
- Regional-Specific Privacy Rights. For additional disclosures of your privacy rights for residents in specific regions or countries, including California, the European Economic Area (EEA) & United Kingdom (UK), and the mainland of People’s Republic of China, please review our Regional-Specific Privacy Notices page.
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Data Retention
We make it a priority to protect your Personal Information and to use it in the way our members would expect us to. Your Personal Information is retained to allow for financial transactions and to allow Cricut to provide our Services for up to 5 years after you have actively engaged with our Services, or until you request otherwise, unless we are required by law to keep this Personal Information for a longer period. When determining the specific retention period, we take into account various criteria, such as the type of service provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law and the statute of limitations.
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Security
Cricut understands the importance of protecting the security and integrity of Personal Information shared with us and will endeavor to safeguard your Personal Information. It is also important for you to protect against unauthorized access to your password and to your computer. We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe.
Unfortunately, however, no data transmission over the Internet and no data storage can be 100% secure. Consequently, while Cricut will endeavor to safeguard your Personal Information, Cricut cannot guarantee the absolute security of such Personal Information.
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Use of Cookies & Similar Tracking Technologies
We treat information collected by cookies and other technologies (such as pixel tags and web beacons) as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Information by local law, we also treat these identifiers as Personal Information.
Cookies. We may send cookies, which are small pieces of data, to your web browser to facilitate your use of our Services. Cookies help us deliver content specific to your interests and permit our servers to recall information from your prior visits to our Services. Cookies are also used to direct members to social ads and initiate emails based on your shopping preferences. We may use information collected from cookies together with Personal Information we have collected from you. You can choose whether to accept cookies by adjusting the settings of your browser. If your browser is set to reject cookies, you may not have full functionality of all areas within our Services. By using our Services, you consent to our use of cookies and our processing of Personal Information collected through such cookies, in accordance with this Privacy Policy. You can withdraw your consent at any time by deleting placed cookies and disabling cookies in your browser, or as explained below. You can change your browser settings to block or notify you when you receive a cookie, delete cookies, or browse our Services using your browser’s anonymous usage setting. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings. If you do not agree to our use of cookies or similar technologies which store information on your device, you should change your browser settings accordingly
Below is an overview of the types of cookies we and third parties may use to collect information.
- Strictly necessary cookies. Some cookies are strictly necessary to make our Services available to you. We cannot provide you with our Services without this type of cookies.
- Functional cookies. These are used to recognize you when you return to our Services. This enables us to adapt our content for you, and remember your preferences (for example, your choice of language or region).
- Analytical or Performance cookies. We also use cookies for website and app analytics purposes in order to operate, maintain and improve our Services. We may use our own analytics cookies or use third party analytics providers such as Google Analytics to collect and process certain analytics data on our behalf. These providers may also collect information about your use of other websites, apps, and online resources.
Where required by local law, we obtain your consent to use cookies.
Web Beacons. Web beacons are small bits of code embedded in web pages or in emails. We may use web beacons to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We also may include web beacons in emails to learn if messages have been opened, acted on, or forwarded. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
Third-Party Advertisements. We also may use third-party advertisements and advertisers on our Services. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our Services, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP, and the browser you used to visit our site. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
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Third-party Websites and Third-party Applications
Our Services may (i) contain links to third-party sites; and (ii) include applications that are developed and hosted by third parties that are not owned or controlled by or affiliated with Cricut. Cricut is not responsible for the privacy practices of such third-party sites or applications. Once you enter such a third-party site or enlist such a third-party application, this Privacy Policy will no longer apply, and any Personal Information collected from or about you on that third-party site will be governed by the privacy policy of that third-party. You access such third-party sites and applications entirely at your own risk. We encourage you to read the privacy policy for a third-party site and application before disclosing any Personal Information on such site.
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International Visitors
Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use our Services from the European Economic Area, the United Kingdom, or other countries or regions of the world (“Other Regions”) with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the United States for storage and processing. We may transfer Personal Information from Other Regions to the United States as needed to perform our Services that you have requested from us, or with your consent. Also, we may transfer your data from the U.S. to Other Regions in connection with storage and processing of data, fulfilling your requests, and operating our Services. By providing any Personal Information on or to our Services, you consent to such transfer, storage, and processing.
For additional disclosures for specific regions or countries, please review our Regional-Specific Privacy Notices page.
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Children’s Privacy
Our Services are not designed or intended for children under the age of 18 years of age, and we do not knowingly collect, maintain, or use Personal Information from children under 18. Children under the age of 18 are not permitted to register on our Services. If you learn that a child has provided us with Personal Information in violation of this Privacy Policy, then you may alert us at privacyrequest@cricut.com.
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Changes to Privacy Policy
We reserve the right to modify this Privacy Policy from time to time in our sole discretion. For example, we may amend this Privacy Policy in order to address new developments in applicable consumer privacy laws, or to conform to changing industry practices. If we materially change the ways in which we use or share Personal Information previously collected from you through our Services, we will announce and post such changes on our Services for the general public. If you are a registered user, we may also notify you of the changes via email and may ask you to affirmatively consent to and accept the changes at the time of your next account login on our Services. By continuing to use our Services, you are bound by this Privacy Policy as modified.
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Our Contact Information
Should you have questions about this Privacy Policy or our Personal Information collection, use and disclosure practices, you may contact us as follows: privacyrequest@cricut.com or via postal mail at Cricut, Inc., Attn: Privacy Data Processor, 10855 South River Front Parkway, South Jordan, Utah 84095, USA.
Regional-Specific Privacy Notices
CaliforniaEuropean Economic Area (EEA) & United Kingdom (UK)
People’s Republic of China
Notice to California Residents – Your Privacy Rights
Effective Date: March 31, 2022
If you are a California resident, you may exercise the rights described in this “Notice to California Residents” section with respect to Personal Information (as defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”) that we collect as a business under California law.
The chart below provides the categories of Personal Information (as defined by the CCPA) we have collected and disclosed to third parties, and the categories of third parties with whom we shared Personal Information. The examples of Personal Information provided for each category reflect each category’s statutory definition and may not reflect all of the specific types of Personal Information associated with each category.
Category | Categories of Third Parties with Whom We Share Personal Information |
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A. Identifiers Examples: Name, unique personal identifier, online identifier, IP address, email address, account name, or other similar identifiers. |
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B. Categories of Personal Information in Cal. Civ. Code Section 1798.80(e) Examples: Name, telephone number, bank account number, credit card number, debit card number, or any other financial information. |
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C. Commercial Information Examples: Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
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D. Internet or Other Electronic Network Activity Information Examples: Information regarding a consumer’s interaction with our services, including page requests, pages visited, content viewed, clicks and search queries made, your activity on Design Space such as selections, design history or search queries. |
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E. Professional or Employment-Related Information Examples: If you choose to apply for a job with us, the professional or employment-related information on your resume or similar information. |
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F. Inferences Drawn from Personal Information Examples: Consumer profiles reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
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We share certain categories of Personal Information with third parties to provide personalized online advertising. Under the CCPA, some of this information sharing may be broadly considered a “sale” of Personal Information. Except for this type of sharing, we do not sell your Personal Information. We share Identifiers (such as IP address and online identifiers), Internet or Other Electronic Network Activity Information, and Commercial Information with third parties for these purposes. You can opt out of the sale of your Personal Information as described below.
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Right to Know and Access Personal Information
You may submit a verifiable request to be informed about the (1) categories of Personal Information collected, sold, or disclosed by us, (2) purposes for which categories of Personal Information are collected, (3) categories of sources from which we collect Personal Information, (4) categories of third parties with whom we disclosed or sold Personal Information, and (5) specific pieces of Personal Information that we collected about you during the prior twelve months. -
Right to Request Deletion of Personal Information
Subject to certain exceptions, you may submit a verifiable request that we delete the Personal Information about you that we collected from you. In order to do this, you can log into your Cricut account and select “Delete Account”. -
Verification
Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identify in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please authenticate your identity by emailing us at privacyrequest@cricut.com with your name, mailing address, email address, and phone number in your request and we will reach out to you. -
Right to Opt-Out of the Sale of Personal Information
You have the right to opt-out of the sale of your Personal Information. The CCPA defines “sale” very broadly to cover common industry practices, including providing you with a customized experience on our websites and apps. You may opt out of the sharing activities that meet the CCPA’s definition of “sale.” Cricut, however, does not sell your Personal Information to third-party. If you have any other concerns under this sub-section, please email us at privacyrequest@cricut.com. -
Right to Equal Service and Price
You have the right not to receive discriminatory treatment by a business for the exercise of your CCPA privacy rights, subject to certain limitations. -
Submit Requests
If you are a California resident and would like to exercise your rights under the CCPA, for the Right to Request Deletion of Personal Information, please log into your Cricut account and select “Delete Account”; for all other requests, please send your request by emailing us at privacyrequest@cricut.com. -
Authorizing an Agent
An authorized agent may submit a request on your behalf by sending a written authorization signed by you to privacyrequest@cricut.com. We may still require you to directly verify your identity and confirm that you provided the authorized agent permission to submit the request. -
Do Not Track
There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals. -
Shine the Light
We do not sell or share Personal Information with non-affiliated third parties.
Notice to EEA and UK Residents – Your Privacy Rights
Effective Date: March 31, 2022
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Legal Bases for Processing European Personal Information
If you are located in the European Economic Area or the United Kingdom, we only process your Personal Information when we have a valid “legal basis”, including when:
- Consent. You have consented to the use of your Personal Information, for example to use Cookies.
- Contractual necessity. We need your Personal Information to provide you with our Services, for example to respond to your inquiries.
- Compliance with a legal obligation. We have a legal obligation to use your Personal Information, for example to comply with tax and accounting obligations.
- Legitimate interests. We or a third party have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
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EEA and UK Residents - Your legal rights
If you are located in the European Economic Area or the United Kingdom, you have the rights described below:
- The right to request access to a copy of the Personal Information we are holding about you
- The right to request that the Personal Information we are holding about you be updated/corrected
- The right to request erasure of the Personal Information we hold about you
- The right to request that we restrict the processing of the Personal Information we hold about you
- The right to object to our processing of your Personal Information on the basis of our legitimate interests
- The right to object to processing for direct marketing
- The right to request that your Personal Information be transferred to you or another provider
- The right to withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent
If you wish to exercise any of the rights set out above, please contact us using the details below. Before meeting your request, we may ask you to provide reasonable information to verify your identity. Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
You also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place. We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority. Please contact us first before escalating your complaint.
Notice to Residents of the People’s Republic of China– Your Privacy Rights
This Privacy Policy (the “Policy”) applies to the handling of Personal Information, subject to the Personal Information Protection Law of the People’s Republic of China (“China”), by Cricut, Inc. and its subsidiaries and affiliates (“Company,” “we,” “our,” or “us”) through its website, products, and services (the “Services”). It describes how we collect, use, and disclose such Personal Information, your rights and choices with respect to your Personal Information, and how you can contact us if you have any questions or concerns.
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Personal Information We Collect
In this Policy, “Personal Information” means any information relating to an identified or identifiable individual. We may collect Personal Information about you from various sources described below.Information Provided by You
- Account Information. If you create an account to use our Services, we collect Personal Information related to its creation and the usage of our Services via this account. When you sign up, you may provide us with your name, email address, password, mobile phone number, interests, and other account information.
- Communications. When you contact us via a contact form, email, or other means, you provide us with Personal Information, such as your name and contact details, and the content, date, and time of our communications.
- Careers. If you apply for a job with us, you may provide us with your resume, name, contact details, and any other relevant information. If you become an employee, we may collect additional information, such as your emergency contacts, beneficiary selections, and other relevant information for employment, payroll, and benefit purposes, and we may collect certain sensitive Personal Information such as biometric data for identity verification or financial information.
- Support Information. When you request technical support services, we will handle your Personal Information such as your name and the contact details you use to contact us, as well as information about the reasons for your support request, and any additional information you may provide in that context.
- Geographic location. Upon account creation or through your use of Cricut services, we may collect your geographic location, which may include city, state, or other location. If you purchase a product or service from us, we may collect your name, contact details, and shipping information.
- Credit card or payment information. If you purchase a product or service from us, we may collect your name, address, and relevant credit card information or other payment information details.
- Identifying information on projects in Design Space® including photo, birthdays, or important dates. When using our website, services, or Design Space® software, any information you provide in your projects (including photos, birthdays, important dates, text, or other images), these will be collected and stored.
- User activity information. We collect information about user activities on our website and services. For example, our website servers automatically collect and log “clickstream data” for all visitors, such as IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), page requests, pages visited, content viewed, clicks and search queries made, etc. We also use cookies and web beacons to collect user activity information on our website. This information may include your activity on Design Space® such as selections, design history, search queries, etc. To the extent we use User Activity Information in a manner that identifies a specific user individually (e.g., if we link or associate such information with name or address), it will be treated as Personal Information. Otherwise, user activity information will be treated as aggregate and anonymous information.
- Other personal information you may provide when using Cricut’s website or services. When prompted or provided, any other personal information you may provide on our website or services will be collected.
Where applicable, we may indicate whether and why you must provide us with your Personal Information as well as the consequences of failing to do so. For example, it may be necessary for you to disclose certain Personal Information in order for us to provide the Services to you.
Our Services are not intended for use by children under the age of 14.Information Collected from Other Sources
- Third Parties. We may obtain Personal Information about you from third parties such as social media platforms, referral partners, third-party advertisers and other entities. This information may include information that stems from technology such as cookies and web beacons, including your IP address, your ISP, the browser you used to visit our website, and in some cases, whether you have Flash installed (such as the case with Google through the Google AdSense program) and other similar information.
Information We Collect by Automated Means
- Social media. We may collect Personal Information via social media tools, widgets, or plug-ins to connect you to your social media accounts. These features may allow you to sign in through your social media account, share a link, or post directly to your social media account. When you visit a website that contains such tools or plugins, the social media or other service provider may learn of your visit. Your interactions with these tools are governed by the privacy policies of the corresponding social media platforms.
- Cookies. We may collect Personal Information via cookies and similar technologies (see section 3 of this Policy for more information).
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How We Use Personal Information
We use the Personal Information we collect for the following purposes:- Providing Services, including to operate, maintain, support, and provide our Services.
- Communicating with You, including to contact you for administrative purposes (e.g., to provide services and information that you request or to respond to comments and questions) or to send you marketing communications, including updates on promotions and events, relating to products and services offered by us.
- Personalization, including to customize our Services to you and provide you with the most relevant marketing and advertising materials.
- Customer and Vendor Relationship Management, including to track emails, phone calls, and other actions you have taken as our customer or vendor.
- Aggregation and anonymization. We may aggregate or anonymize Personal Information and use the resulting information for statistical analysis or other purposes.
- Administrative and Legal, such as to address administrative issues or to defend our legal rights and to comply with our legal obligations and internal policies as permitted by PRC law.
- Automated Decision-making. We handle your Personal Information using automated means to help make decisions about how we provide the Services to you. At a high level, this involves using cookies, web beacons, and other information for geotargeting or individualization purposes. This allows us to geotarget and individualize our offerings (e.g., showing American ads to someone in the United States) as well as show certain ads based on specific websites a person visits (i.e, showing heat press ads to someone who shops for custom t-shirts).
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Legal Bases for the Handling of Personal Information
We rely on various legal bases to handle your Personal Information, including:- Consent. You may have consented to the use of your Personal Information, for example to send you electronic marketing communications or for the use of certain cookies. You may withdraw your consent at any time by contacting us as described in Section 10 of this Policy.
- Contract. We need your Personal Information to provide you with our Services and to respond to your inquiries.
- Legal. We may have a legal obligation to handle your Personal Information when necessary to fulfill statutory duties and responsibilities or statutory obligations, for example to comply with tax and accounting obligations.
- Public Interest. We may also handle your Personal Information when necessary to respond to sudden public health incidents or protect individuals’ lives and health, or the security of their property, under emergency conditions;.
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How We Disclose Personal Information
We may disclose Personal Information about you in the following circumstances:- Group Entities. We may disclose Personal Information about you to our affiliates and subsidiaries.
- Service Providers. We work with third parties to provide services such as hosting, maintenance, and support. These third parties may have access to or handle your Personal Information as part of providing those services to us, but they are prohibited from using your Personal Information for their own purposes.
- Legal. We may disclose your Personal Information when it is necessary to fulfill our duties and obligations under applicable law.
- Public Posts. Any information that you voluntarily choose to post to a publicly accessible area of our Services will be available to anyone who has access to that content.
- Anonymized Information. Personal Information that has been anonymized can no longer be linked to an individual. We may use and disclose anonymized information for any purpose, unless we are prohibited from doing so under applicable law.
- Merger. Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets. In such a scenario, we will notify you of the name of the personal information recipient and how to contact such recipient. The recipient will continue to fulfill the duties of Cricut outlined in this Policy. If any changes are made to how they use your Personal Information, the recipient will notify you of such changes as provided by applicable laws.
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Your Rights and Choices
As provided under applicable law and subject to any limitations in such law, you have the following rights:- Access and Portability. You may ask us to provide you with a copy of the Personal Information we maintain about you and request certain information about its handling. In certain situations you may ask us to transfer your Personal Information to another organization directly.
- Correction. If you believe your Personal Information we handle is inaccurate or incomplete, you may ask us to correct or complete it.
- Deletion. In certain situations you may ask to have your Personal Information anonymized or deleted, as appropriate.
- Consent Withdrawal. You may withdraw any consent you previously provided to us regarding the handling of your Personal Information at any time and free of charge. We will apply your preferences going forward. This will not affect the lawfulness of the handling before you withdrew your consent.
You may exercise your right to Deletion by logging into your Cricut account and selecting “Delete Account”, and you may exercise any other rights by emailing us at privacyrequest@cricut.com. Note that applicable laws contain certain exceptions and limitations to each of these rights. If we do not grant your rights request, we will explain the reason for doing so. We will also need to verify your identity before you exercise these rights to ensure that your Personal Information is not inappropriately disclosed.
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International Data Transfers
We may transfer your Personal Information outside of China when necessary for business or other valid purposes. Personal Information may be transferred to the United States of America, Canada, Europe, or other areas where Cricut maintains a corporate presence. If we do so, we will comply with applicable data protection laws regarding the protection of Personal Information. -
Data Security and Data Retention
We use physical, managerial, and technical safeguards that are designed to improve the integrity and security of Personal Information that we collect, maintain, and otherwise handle.We delete or anonymize your Personal Information when it is no longer necessary for the purposes for which we handle it, unless we are required by law to keep it for a longer period. When determining the retention period, we select the shortest retention period necessary to achieve the purpose of the handling and take into account various criteria, such as the type of products or services provided to you, the nature and length of our relationship with you, mandatory retention periods, and applicable statutes of limitations.
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Third-Party Services
Our Services may contain features or links to websites and services provided by third parties. Any information you provide via these websites or services is provided directly to these third-party operators and is subject to their privacy policies, even if accessed through our Services. We encourage you to learn about these third parties’ policies before providing them with your Personal Information. -
Changes and Updates to this Policy
We may update this Policy from time to time to reflect changes in our privacy practices. We will follow applicable laws and regulations regarding notification of such changes. -
Our Contact Information
Cricut is the entity responsible for the handling of your Personal Information. If you have any questions or comments about this Policy, our privacy practices, or if you would like to exercise your rights with respect to your Personal Information, please contact us by email at privacyrequest@cricut.com or by mail at:Cricut, Inc.
Attn: Legal Counsel - Privacy
10855 S. River Front Parkway
South Jordan, UT 84095
USA
End‑User License Agreement(s)
Please see the following End-User License Agreements (EULA) reproduced and available below for your review and convenience. The EULAs each contain the user rights and restrictions for the associated Cricut product.
General Certificates of Conformity
Product MSDS
NOTIFICATION OF CLAIMS OF INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
Effective Date: June 17, 2020 (v 1.0.1)
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by filling out this form. You can also contact our designated agent and provide the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; Be sure to list each specific URL that contains your work separately. Attach screenshots or text to assist us in locating your material.
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Cricut to locate the material;
- information reasonably sufficient to permit Cricut to contact you, such as an address, telephone number, and email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Cricut's designated Copyright Agent to receive notifications of claimed infringement is
Cricut, Inc.,
Attn: Copyright Agent,
10855 South River Front Parkway, Suite 400,
South Jordan, Utah U.S.A. 84095;
email: DMCA_Agent@cricut.com,
fax: 801-446-8407.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Cricut Customer Care through http://help.cricut.com.
You acknowledge that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Salt Lake City, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Cricut may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Cricut's sole discretion.
Submission Agreement
Effective Date: June 17, 2020 (v 1.0.1)
1. Introduction. This agreement ("Agreement") is between you as an individual contributor ("Contributor") and Cricut, Inc. ("Cricut"). This Agreement governs the uploading of Contributor's Craft Materials (as defined further below) to the cricut.com website or any successor website to which the contents in whole or in part of the cricut.com website are posted ("our Sites"), as well as Cricut's use of Craft Materials on our Sites. Contributor and Cricut acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Craft Materials and any prior submissions of Craft Materials.
2. Term; Termination. The term ("Term") of this Agreement starts on the date that any Craft Materials are initially uploaded to any our Sites by Contributor and continues until Cricut terminates this Agreement with or without cause, either in writing or by the removal of Craft Materials from our Sites, subject to the survival of certain undertakings in this Agreement as set out in Section 16 below. Cricut can selectively terminate this Agreement with respect to any individual work comprising the Craft Materials by removing the posted work from our Sites.
3. Craft Materials. As used in this Agreement, the term "Craft Materials" means any content created by Contributor that meets the Content Requirements (as defined below) and that is submitted by Contributor to our Sites as provided in this Agreement, as well as Contributor's name (including professional name), likeness, signature, and biographical information. Craft Materials may also include, without limitation, audio, video, and audiovisual materials, artwork, texts, graphics, instructions, photographs and other files that Contributor submits to our Sites under this Agreement.
4. Content Requirements.
- Content Title
- Content Description
- Content Photo
The above requirement shall be referred to collectively as the "Content Requirements." Content Requirements are subject to change at Cricut’s discretion.
5. Ownership.
- Cricut and its licensors, if any, shall own and at all times shall retain all right, title, and interest in and to the patent, trademark, copyright, and trade secret rights inherent or incorporated in the products and services offered and sold by Cricut, including without limitation all CRICUT® logos, CRICUT® and CRICUT EXPLORE® cutting machines, CRICUT® digital content, consumables and accessories, DESIGN SPACE® software, and related firmware, software, tools, equipment and accessories (collectively, the "Cricut Rights"). All rights not expressly granted in this Agreement are reserved by Cricut and/or its licensors.
- Subject to the Cricut Rights and Section 6(a), and to the licenses granted to Cricut under Sections 6 and 7, Contributor shall own and at all times shall retain all right, title and interest in the patent, trademark, and copyright rights inhererent in or incorporated in such Craft Materials as are authored or invented by Contributor and uploaded by Contributor hereunder.
6. License to Use Craft Materials. As and when Craft Materials are uploaded to any of our Sites, Contributor grants to Cricut a perpetual, irrevocable, worldwide, royalty-free, exclusive right and license to do the following things:
- to prepare and encode Craft Materials or any part of them for digital or analog transmission, manipulation, and exhibition in any format and by any means now known or not yet known or invented;
- to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute and re-distribute through any print or electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Craft Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented;
- to modify, adapt, change or otherwise alter the Craft Materials (i.e., to prepare derivative works based upon the Craft Materials);
- to grant sublicenses to any other person or company of all or any of the licensed rights in the Craft Materials, including a perpetual sublicense to make the Craft Materials available to those end-users who purchase, download, and/or access the Craft Materials, subject to the terms and conditions of this Agreement; and
- to use all or any part of the Craft Materials in the promotion, advertising or marketing of our Sites and of Cricut products and services.
Contributor acknowledges that Contributor shall not have any right, title, or interest in the Cricut Rights, any derivative works prepared by or for Cricut based upon the Craft Materials, or in any other materials with which Craft Materials may be combined or into which all or any portion of Craft Materials may be incorporated. Contributor agrees to refrain from granting similar rights to others during this Agreement and for a period of three (3) years after termination of this Agreement.
7. Name and Likeness. Contributor grants to Cricut a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use Contributor's name, likeness, and biographical information in connection with the distribution, exploitation, promotion, marketing, and advertising of the Craft Materials as described in this Agreement. Contributor agrees not to assert, and to cause any person or persons other than Contributor appearing recognizably or otherwise in Craft Materials to not assert against Cricut, any privacy, publicity, moral, or similar rights held by Contributor or such person or persons, whether under the laws of any state, the United States or any other country. To the extent that the Craft Materials contain a name, likeness or the biographical information of any other person, Contributor hereby grants to Cricut a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use the same in connection with the distribution, exploitation, promotion, marketing and advertising of the Craft Materials, as described in this Agreement.
8. Payment. Unless otherwise agreed between Contributor and Cricut in a writing from Cricut, the licenses granted to Cricut under this Agreement are royalty-free.
9. Representations and Warranties. Contributor represents and warrants that:
- Contributor has the full right and power to enter into and perform this Agreement and to grant Cricut all rights to use the Craft Materials as contemplated in this Agreement, including, without limitation, the licenses granted in Sections 6 and 7;
- all Craft Materials submitted by Contributor shall fully comply with the Content Requirements at the time of submission;
- Contributor has obtained all necessary third-party consents, rights, licenses, and permissions, if any, required for Contributor to enter into and perform this Agreement and to grant Cricut the rights to use the Craft Materials set out in this Agreement (including, without limitation, consents, and permissions from owners of any elements that are used in the Craft Materials and not otherwise comprising the Cricut Rights);
- the Craft Materials (and Cricut's use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights;
- all information that Contributor has provided or will provide to Cricut is true and complete;
- the Craft Materials do not and will not violate any law, statute, ordinance, or regulation;
- the Craft Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, or comprise violations of child pornography or child sexual exploitation laws;
- the Craft Materials do not and will not contain any viruses, spiders, bots, or other malware or programming routines that may detrimentally interfere with any computer systems or data, whether those of Cricut or any third party; and
- Contributor is 18 years of age or older at the time of entering into this Agreement.
The above representations and warranties shall survive any termination of this Agreement.
Third Party Payments. Contributor is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with any Craft Materials not otherwise furnished by Cricut.
11. Indemnity. Contributor agrees to defend, indemnify, reimburse and hold Cricut and its parent, subsidiary and affiliated entities, and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
- Contributor's use of our Sites;
- any breach or alleged breach of Contributor's representations and warranties and/or any breach, alleged breach or violation of this Agreement; and
- Contributor's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Craft Materials as provided in this Agreement.
12. Cricut's Performance. Contributor acknowledges and agrees that our Sites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Cricut will not be responsible to Contributor or others for any interruptions, errors or problems or even for an outright discontinuance of any of our Sites. Cricut provides no assurances whatsoever that any of the Craft Materials or any part or element thereof will actually be used on any of Our Sites or if used that they will continue to be available for any particular time. Cricut has the right, in Cricut's sole and absolute discretion, to remove from our Sites at any time the Craft Materials or any part of them and/or to revoke any sublicense granted by Cricut to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Contributor acknowledges that Contributor is solely responsible for all content submitted to our Sites by Contributor. All Craft Materials uploaded to our Sites may be removed without notice and may be unavailable for recovery by any means. Contributor and only Contributor is responsible for maintaining at Contributor's expense and in facilities owned or controlled only by Contributor any and all original materials and any backup copies of all or any part of the Craft Materials.
13. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRICUT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF OUR SITES, AND
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO OUR SITES AND ANY PRODUCTS SERVICES PROVIDED BY CRICUT HEREUNDER. IN ADDITION, ALTHOUGH CRICUT INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE MATERIALS TO OUR SITES, AND WHETHER OR NOT CRICUT IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, CRICUT DOES NOT WARRANT THAT OUR SITES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH OUR SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MALWARE OR COMPONENTS.
14. No Liability for Third Party Use. CRICUT DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE CRAFT MATERIALS MADE AVAILABLE ON OUR SITES BY CONTRIBUTOR UNDER THIS AGREEMENT. CONTRIBUTOR SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF CONTRIBUTOR MATERIALS BY A THIRD PARTY, AND NOT FROM CRICUT. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS CRAFT MATERIALS FROM CRICUT (WHETHER OR NOT WITH CRICUT'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT CONTRIBUTOR WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM CRICUT, AND THAT CONTRIBUTOR WILL NOT HOLD CRICUT RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
15. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL CRICUT, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT DEVIANT ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE CRICUT SITE(S). IN NO EVENT SHALL CRICUT'S TOTAL LIABILITY TO CONTRIBUTOR UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED US$5.00. THE PARTIES ACKNOWLEDGE AND AGREE THAT CRICUT HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN CONTRIBUTOR AND CRICUT, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
16. Miscellaneous.
- Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF UTAH WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SALT LAKE CITY, UTAH AND CONTRIBUTOR IRREVOCABLY AGREES TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
- Assignment. Cricut shall have the right to assign this Agreement in whole or in part to any person or business entity. Contributor may not assign Contributor's rights or delegate Contributor's obligations under this Agreement without the prior written consent of Cricut.
- Entire Agreement. This Agreement sets forth the entire understanding and agreement of Contributor and Cricut as to the subject matter hereof and supersedes all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter.
- Modification. Cricut reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Cricut will notify Contributor of any material changes to this Agreement by sending an email to the address listed in Contributor's account. If Contributor continues to upload Craft Materials after being notified of the changes to the Agreement, Contributor will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Craft Materials. If Contributor does not accept the new terms of the Agreement, Contributor's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.
- Survival. The provisions of Sections 5, 6, 7, 9, 11, 12, 13, 14, 15 and 16 shall survive any termination of this Agreement.
- Amendment. Cricut may amend this Agreement in writing from time to time as it sees fit. Any amendment shall become binding upon Contributor when Cricut discloses through our Sites or otherwise delivers the amendment to Contributor, and Contributor confirms his or her acceptance by using the electronic confirmation provided by Cricut. Once accepted in this manner, the amendment shall apply to all existing and future Craft Materials submitted by Contributor.
Patents
CRICUT® products may be covered by one or more of the following patents and other patent applications that are currently pending.
This is a non-exhaustive list and is intended to serve as notice under 35 U.S.C § 287(a).
CRICUT® Electronic Cutting Machines
U.S. Patent Numbers:
- D877,214
- 7,845,259
- 8,201,484
- 8,646,366
- 11,131,980
- 11,237,541
- 2022/0011737 A1
- 2022/0128971 A1
- 29/720,306
- 29/720,304
- D916,962
- D959,227
International Patent Numbers:
- Australia 2006270130
- Australia 2018308148
- Australia 2020264460
- Australia 2022224857
- Canada 2,635,241
- Canada 2,635,483
- Canada 2,635,484
- Canada 2,676,566
- Canada 2,635,242
- Canada 3,030,875
- Canada 2,901,182
- Canada 3,071,021
- Canada 3,117,628
- Canada 3,149,800
- China 101237959 B
- China 101641190 B
- China 105189058 B
- China 305381789
- China 111065500 B
- China 201930059114.7
- China 202080036918.5
- China 202210656232.7
- Europe 000465117-0001
- Europe 000465117-0003
- Europe 000465117-0004
- United Kingdom 90004651170001
- United Kingdom 90004651170003
- United Kingdom 90004651170004
- Europe 18838469.7
- Europe 20799369.2
- Hong Kong 40029480
- Malaysia PI 2020000473
- Malaysia PI 2021006463
CRICUT® Blade Housing
U.S. Patent Numbers:
- 7,930,958
- 8,201,484
International Patent Numbers:
- Canada 2,635,242
CRICUT CAKE™ Machine
U.S. Patent Numbers:
- D645,718
- 11,311,024
- 2022/0211071 A1
CRICUT IMAGINE™ Machine
U.S. Patent Numbers:
- D652,445
- 8,636,431
- 8,657,512
- 8,708,590
- 9,114,647
International Patent Numbers:
- China 102131649 B
- Canada 2,772,083
- Canada 2,961,643
CRICUT® V1 Machine
International Patent Numbers:
- China 101237959 B
- China 101641190 B
CRICUT® Carry Tote
U.S. Patent Numbers:
- D554,863
CRICUT® Paper Trimmer
U.S. Patent Numbers:
- D569,416
International Patent Numbers:
- Europe 000436464-0002
- Europe 000436464-0001
- United Kingdom 90004364640001
- United Kingdom 90004364640002
CRICUT® CUTTLEBUG® Machine
U.S. Patent Numbers:
- 7,743,700
International Patent Numbers:
- China 101410200 B
- Europe 000568027-0001
- United Kingdom 90005680270001
CRICUT GYPSY® Device
U.S. Patent Numbers:
- 8,453,253
- D615,084
International Patent Numbers:
- Europe 001648999-0001
- United Kingdom 90016489990001
CRICUT® Knifty Knitter
U.S. Patent Numbers:
- D563,997
CRICUT™ Jukebox™
U.S. Patent Numbers
- D619,163
CRICUT® Yudu™
U.S. Patent Numbers:
- D619,647
- D648,784
CRICUT® Other
U.S. Patent Numbers:
- D588,645
- 8,827,711
CRICUT® Your Story™
U.S. Patent Numbers:
- D601,621
- D630,242
CRICUT® Software (e.g. Cricut Craft Room™ and/or Cricut Design Space®)
U.S. Patent Numbers
- 9,811,834
- 9,286,861
- 2018/0047033 A1
- 10,809,698
- 17/072,686
- 11,170,383
- 17/451,842
- 18/001,120
International Patent Numbers:
- Europe 21822745.2
- WO 2021/252602 A1
CRICUT EasyPress®
U.S. Patent Numbers
- D910,724
- D893,563
- D926,237
- D925,621
- 10,876,250
- 11,208,758
- 2022/0106732 A1
International Patent Numbers:
- Australia 2018309004
- Australia 202010912
- Australia 2022200753
- Australia 2020332681
- Brazil 1120200020753
- Canada 3,151,353
- Canada 3,028,673
- China 109642392 A
- China 305337516
- China 306033736
- China 305337516
- China 109642392
- China 114311979
- Europe 3907081
- Europe 20854048.4
- Europe 3464711
- Europe 006131595-0001
- Europe 007690599-0001
- Malaysia 19-00111-0101
- Malaysia 20-00124-0101
- Malaysia PI 202000530
- Malaysia PI 2022000867
- Mexico MX/a/2020/001251
- Mexico MX/a/2022/001983
- New Zealand 761629
- South Africa 2020/00912
CRICUT EasyPress® Mat
U.S. Patent Numbers
- 10,632,782
- 2020/0298614 A1
International Patent Numbers:
- Canada 3,037,309
CRICUT® Tool Handle
U.S. Patent Numbers
- D633,362
CRICUT® Quickswap™
U.S. Patent Numbers
- 2020/0398404 A1
- D968,251
- D938,793
- D938,250
- D947,638
- D953,834
- D959,227
- 29/865,265
International Patent Numbers:
- Canada 192388
- Canada 192387
- Canada 192386
- China 306154081
- China 306017088
- Europe 007483516-0001
- Europe 007483516-0002
- Europe 007483516-0003
- Malaysia 20-00007-0102
- Malaysia 20-00008-0202
CRICUT® TrueControl Knife
U.S. Patent Numbers
- 17/044,585
- D915,862
- D915,172
- D953,834
- D959,227
- D915862
- D915172
International Patent Numbers:
- WO 2019/195837 A1
- Australia 2019247929
- Australia 2022204731
- Canada 3095683
- China 111936273
- Europe 19781589.7
- Malaysia PI2020005162
CRICUT Joy™
U.S. Patent Numbers
- 29/720,303
- 29/720,306
- 29/720,304
- 17/757,081
- 2023/0001597 A1
- 2023/0001599 A1
International Patent Numbers:
- WO 2021/119449 A1
- WO 2021/119445 A1
- WO 2021/119442 A1
- WO 2021/252602 A1
- Australia 202013699
- Australia 202013700
- Australia 202013698
- Australia 2020401302
- Australia 2020403127
- Australia 2020403124
- Brazil 112022011505-9
- Canada 3161227
- Canada 3161216
- Canada 3161239
- Canada 196807
- China 306242750
- China 306239944
- China 306419035
- China 202080092824.X
- China 202080093203.3
- China 202080093724.9
- Europe 008034482-0001
- Europe 008034482-0002
- Europe 008034482-0003
- Europe 008034482-0004
- Europe 008034813-0001
- Europe 008034813-0002
- Japan 2022-534335
- Malaysia 20-E0405-0404
- Malaysia 20-E0403-0204
- Malaysia 20-E0402-0104
- Malaysia 20-E0406-0102
- Malaysia 20-E0407-0202
- Malaysia 20-E0408-0102
- Malaysia 20-E0409-0202
- Malaysia 20-E0404-0304
- Malaysia PI 2022002989
- Malaysia PI 2022002984
- Malaysia 2022002982
- Mexico MX/a/2022/007168
- Mexico MX/a/2022/007172
CRICUT Infusible Ink™
U.S. Patent Numbers
- 2022/0305830 A1
International Patent Numbers:
- Australia 2020288170
- Canada 3142429
- China 2020800410071
- Europe 20817802.0
- Malaysia PI 2021006955
CRICUT® Machine Tool Organizer
U.S. Patent Numbers
- D959,976
- 17/995,812
International Patent Numbers:
- China 2020306016052
- China 202180035033.8
- Malaysia 20-E0601-0101
- WO 2021/207593 A1
CRICUT® Foil Transfer Kit
U.S. Patent Numbers
- D953,387
International Patent Numbers:
- China 2021301572028
- Malaysia 21-E0277-0101
CRICUT® Roll Holder
U.S. Patent Numbers
- 18/003,027
International Patent Numbers:
- WO 2021/263182 A1
- Australia 2021296920
- Europe 21829723.2
- Mexico MX/a/2022/016457
- Malaysia PI 2022007404
CRICUT® Mug Press
U.S. Patent Numbers
- 11,407,245
- 2022/0266618 A1
- 2022/0324246 A1
- 29/769,597
International Patent Numbers:
- Australia 202114531
- Canada 205601
- China 2021305054672
- Europe 008634836
- United Kingdom 6151106
- Japan 2021-016770
- Malaysia 21-E0892-0101
- WO 2022/177867 A1
- WO 2022/177868 A1
CRICUT® Hat Press
U.S. Patent Numbers
- 29/792,102
- 29/792,103
- 29/792,105
- 17/653,464
International Patent Numbers:
- Canada 215247
- Canada 215248
- Japan 2022-018896
- Mexico MX/f/2022/002435
- South Africa 2022/01020
- Mexico MX/f/2022/002436
- Mexico MX/f/2022/002437
CRICUT® AutoPress™
U.S. Patent Numbers
- 29/824,903
- 29/824,912
- 29/792,125
- 29/792,126
International Patent Numbers:
- WO 2022/165051 A1
- Canada 214329
- Canada 215249
- Japan 2022-015936
- Mexico MX/f/2022/002053
- Mexico MX/f/2022/002438
- South Africa A2022/00830
- South Africa 2022/01021
CRICUT® Glue Gun
U.S. Patent Numbers
- 29/831,890
- 63/322,842
CRICUT JOY™ Cutaway Cards™
U.S. Patent Numbers
- 17/938,205
International Patent Numbers:
- PCT/US2022/077609
CRICUT BRIGHT™
U.S. Patent Numbers
- 29/818,622
- 29/818,628
International Patent Numbers:
- Canada 213325
- Canada 213324
- China 202230350381.1
- China 202230350065.4
- Mexico MX/f/2022/001641
- Mexico MX/f/2022/001642
- Malaysia 22-E1091-0101
- Malaysia 22-E1090-0101
Online Policies
Effective Date: June 17, 2020 (v 1.0.1)
INTERNET SALES POLICY
Cricut’s Internet Sales Policy is to sell Cricut products through Cricut authorized online resellers only. No person or business is authorized to sell via the Internet without express contractual agreement with Cricut. Authorized Cricut resellers have access to the entire Cricut line and are able to answer product or warranty questions. Purchasing a Cricut through an authorized dealer/seller means that you receive:
- A GREAT product that is sure to provide you with years of enjoyment
- The support of and assistance from our representatives in helping you with your selections/questions
- A superb warranty should you ever need it
- Excellent value for your money
SHIPPING POLICY
- Please allow 7-12 days for delivery
- Cricut does not ship to U.S. Territories (Puerto Rico, U.S. Virgin Islands, Guam, Saipan, Midway Islands, American Samoa, and Federated States of Micronesia)
- Some items may not be available for purchase in some countries
INTERNET RETURN POLICY
- You must contact support@cricut.com within five days of receipt of your order.
- No returns will be accepted after 15 days of receipt of your order.
- We do not offer returns on opened Cricut Cartridges or Digital content.
- Any returns must be in saleable condition and in original, unopened packaging.
- Return shipping is the customer’s responsibility, unless you have received a damaged or wrong product.
- Should you receive a damaged product, please contact customer service at 1-877-727-4288.
- You will need an RMA number before returning any products. Returns without an RMA will not be accepted. Please contact us to request an RMA. After you receive an RMA, your returns must be received within 14 days.
Cricut Access Policy
Effective Date: May 4, 2022 (v 1.1.0.)
THIS IS AN AGREEMENT BETWEEN YOU AND CRICUT, INC., (DOING BUSINESS AS "CRICUT") WITH ITS AFFILIATES, ("CRICUT" OR "WE"). PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO CRICUT ACCESS™ (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE, IN ANY LINK FROM A PRODUCT DETAIL PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THE SERVICE), THE CRICUT.COM PRIVACY POLICY, AND THE CRICUT.COM TERMS OF USE (COLLECTIVELY, THE "AGREEMENT"). YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING "SUBSCRIBE", "CONFIRM PURCHASE" OR THEIR EQUIVALENT.
Commercial Terms:
In addition to those services provided on our Site (as defined in our Terms of Use), we offer additional features, benefits, and discounts through a branded subscription experience known as Cricut Access™ (the "Service"). Your subscription to the Service may begin with a free trial. The length of your free trial, if any, will be set out during online check out. We reserve the right, in our absolute discretion, to determine your eligibility for a free trial, including creating multiple free trial accounts, and to withdraw or to modify your free trial at any time without prior notice and without liability. As a free trial subscriber, you acknowledge and agree that your use and access to our Site and the Services is subject to the Agreement. Access to the Service requires that you have high-speed internet and maintain a valid credit card with Cricut (your "Payment Method). You agree to provide your Payment Method during online checkout before beginning a free trial or subscribing to a paid Plan of the Service. While we will not process your Payment Method for payment of your fee during a free trial though you may see an authorization on your Payment Method. On the last day of your free trial we will convert your free trial into a paid Plan and process your Payment Method for the applicable fee on the billing frequency chosen during online checkout. From that date on, the automatic renewal provisions set forth in this Agreement will also apply. If you do not wish to be charged, you must cancel before the end of your free trial. Upon cancellation of your free trial, your access to the Platform will terminate immediately.
By providing your Payment Method in conjunction with registration for a paid Plan of the Services, you authorize us to process your Payment Method for the applicable fee on the billing frequency chosen immediately upon online checkout (or free trial expiration, applicable). Once a paying subscriber, we will charge the monthly or annual Service fee to your Payment Method. If you wish to cancel the Service, you must do so before it renews each month or year to avoid the charge for the coming month's or year's Service fees to your Payment Method.
Cricut may elect to offer differing subscription services, including promotional services or memberships with varying terms, conditions and limitations. Different terms from those described in these Terms of Use will be detailed in other communications or documents. The "myaccount" link provides you details regarding your subscription and account with Cricut. We reserve the right to modify, terminate or otherwise amend the Service plans we offer.
By purchasing the Service, you authorize us to charge you a monthly or yearly Service fee at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge and understand that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Cricut reserves the right to adjust the price for the Service, or any portion or part, thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following email notice to you.
The Service fee will be charged at the initiation of your subscription to the Service and each month or year thereafter unless you cancel the Service. You can cancel here at any time. We will automatically bill your Payment Method each month or year on the calendar day corresponding to the initiation of your subscription to the Service. We reserve the right to change the timing of the charge to your Payment Method which may occur if we are unable to settle the charge on the scheduled payment date. In the event you initiated the Service on a day not contained in a given month, we may bill your Payment Method on a different day in the applicable month or on such other day as we deem appropriate. For example, if you initiated the Service under the monthly fee option on January 31st, your next payment date is likely to be February 27th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in the Service. "Charging" shall include the authorization, billing, debit or other payment clearance, as applicable, with respect to your Payment Method.
ALL ANNUAL AND/OR MONTHLY PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
If you elect to cancel your Service you will continue to have access to the Service through the end of your current billing period. Any credits or discounts provided by us relative to the Service are done at our sole and absolute discretion.
In the event a payment is not settled, due to insufficient funds, expiration, or any other defect with the Payment Method, and you do not change your Payment Method information or cancel your account (see, "Cancellation" below), your Service may be terminated with or without notice to you. For certain Payment Methods, the issuer of your Payment Method may charge you a certain transactional fees or other charges (such as foreign currency fees). You may cancel your Service at any time, and you will continue to have access to the Service through the end of your billing period (whether annual of monthly). To cancel, go to your Account settings on the Cricut.com website and follow the cancellation instructions.
Content Terms:
1. THE SERVICE
The Service offers certain digital art content, fonts, and projects to be used with the Cricut Design Space™ design software and/or a Cricut® machine (collectively, "Digital Content") and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access, design with and cut Digital Content. The Service subscription plan you purchase, register for, order, or renew includes the features, benefits, and discounts set forth on the Cricut Access Subscription Plans page, and as further specified on our Site (the “Benefits”), available at https://cricut.com/en_us/cricut-access.html, or the same applicable URL which may changed based on your territory, country, and/or currency. The Benefits may not be applied to the purchase of a Cricut Access subscription or renewals thereof or of other in-app purchases.
2. COMPATIBLE MACHINES
In order to be able to access and design with Digital Content from the Service, you will need to use a personal computer with either Windows® or Mac® operating systems, with Cricut Design Space design software installed and a high-speed internet connection. In order to be able to cut Digital Content from the Service, you will need a Cricut machine (e.g., Cricut Joy™, Cricut Explore®, or Cricut Maker® machine) a "Compatible Machine". The requirements for Compatible Machines and applicability of certain Digital Content for certain Compatible Machines may change from time to time and, in some cases, whether a machine is (or remains) a Compatible Machine may depend on software or systems provided or maintained by the machine or components manufacturer or other third parties. As a result, devices that are Compatible Machines at one time may cease to be Compatible Machines in the future.
3. DIGITAL CONTENT
a. General. The Service may allow you to: (i) rent Digital Content for access over a limited period of time ("Rental Digital Content"), (ii) purchase Digital Content for access over an indefinite period of time ("Purchased Digital Content"), (iii) access Digital Content on a subscription basis for access over a limited period of time during a subscription period ("Subscription Digital Content"), and (iv) access Digital Content on a free or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available on the Service as Rental Digital Content, Purchased Digital Content, Subscription Digital Content, Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. We reserve the right to, from time to time, add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
b. Usage Rules. Your use of Digital Content is subject to the following usage rules (the "Usage Rules"). (1) You may use, access or sync Rental Digital Content, Subscription Digital Content and Free Digital Content with one Cricut account. (2) You may use the Digital Content for the time period specified by Cricut (the "Usage Period"). (3) You are authorized to access the Digital Content through your Cricut account only. (4) Your uses of the Digital Content must conform with Cricut's Angel Policy as found at: https://cricut.com/en-au/legal, as amended from time to time. (5) Cricut may place limitations on the number and type of Compatible Machines on which each type of Digital Content may be downloaded, synced, accessed, and used. (6) Cricut may place limitations on the amount of storage space is available for each Cricut.com account.
c. Subscriptions. Our subscription services are dynamic services and the specific Digital Content available and amount of Digital Content available will change over time. While we endeavor to expand the subscription offering, there may be times that a licensing agreement expires, or other circumstances arise, where certain content must be withdrawn from the Digital Content. We make no guarantee as to the availability of specific Digital Content or the minimum amount of Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription. Currently available Digital Content can be found by use of our Design Space software.
d. License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Cricut grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Usage Period, to access and use the Digital Content in accordance with the Usage Rules. To simplify your use and management of Digital Content that has a limited Usage Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Cricut account or Compatible Machine after the end of its Usage Period, and you consent to such automatic removal.
e. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (i) digitally copy, sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; (ii) remove any proprietary notices or labels on the Digital Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (iv) use the Service or Digital Content for any illegal purpose or commercial purpose not permitted under Cricut's Angel Policy.
4. SOFTWARE
a. Use of the Cricut Design Space™ Software. We may make available to you Cricut Design Space™ and/or Cricut Craft Room® software for your use in connection with the Service (the "Software"). Terms contained in the Cricut Terms and Conditions apply to your use of the Software and the Service.
b. Information Provided to Cricut. The Software may provide Cricut with data about your Compatible Machine and its interaction with the Service (such as device type and unique device identifiers that allow us to link your Compatible Machine to your Service account). The Software may also provide Cricut with information related to the Digital Content you purchase or rent and your use of that Digital Content (such as whether and when you accessed or used the Digital Content, which may, among other things, help us measure the Usage Period for Rental Digital Content). Any information we receive is subject to the Cricut.com privacy notice located at https://cricut.com/privacy-policy.
5. LIMITED TO CERTAIN TERRITORIES / COUNTRIES.
Due to restrictions placed on us by our content providers, certain Digital Content may only be available to Cricut Access subscribers located in certain territories and countries. While the Service may be available in many territories and countries, we make no representations or guarantees that the Service, all Benefits, or all Digital Content is available in all territories and countries.
6. ALL RENTALS AND SALES FINAL.
All purchases and rentals of Digital Content are final. We do not accept returns of Digital Content.
7. ADDITIONAL TERMS
a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Cricut may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, Cricut shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. Modification of Service. Cricut does not guarantee uninterrupted access to the Digital Content, and reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you. Cricut does not guarantee that all Digital Content will remain available through the Usage Period.
c. Amendments. Cricut reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
d. Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Cricut.com or Cricut Terms and Conditions (i) in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase, rent, or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
e. Contact Information. For communications concerning this Agreement, please write to Cricut.com, Attn: Legal Department, 10855 South River Front Parkway, South Jordan, UT 84095.
Our Commitment to Accessibility
Cricut is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, call our Member Care team at 877-727-4288 or email our team at accessibilitysupport@cricut.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.