The website located at www.whimseybox.com (the “Site”) is a copyrighted work belonging to Whimseybox Inc. (“Whimseybox”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
This Agreement applies to all visitors, users, and others who access the Service (“you” or, if you register, "Users"). Whimseybox reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.
1.1 Eligibility. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Whimseybox.
1.2 User Account. Registration is required in order to use the Services. Some of the features of the Services may require you to log in which will be done using third party authentication service, currently, Facebook. We reserve the right to either discontinue such registration process or use any other service at any time. We reserve the right to change this at any time, requiring you to re-register with our Site through our registration process with our unique account. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Whimseybox immediately of any unauthorized use of your account or any other breach of security. Whimseybox will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Whimseybox or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder.
1.3 Service Rules You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Whimseybox servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Whimseybox grants the operators of public search engines revocable permission to use spiders to copy materials from Whimseybox.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other Whimseybox Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Whimseybox shall have no liability for your interactions with other Users, or for any User's action or inaction.
2. Proprietary Rights. Whimseybox retains sole and exclusive ownership of all rights, title and interests in the Service and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that Whimseybox will have no obligation to provide you with any support or maintenance in connection with the Site. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Whimseybox reserves all rights not expressly granted herein in the Service and the Whimseybox Content (as defined above). Whimseybox may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms of Service. All copyright and other proprietary notices on the Site (or on any content displayed on the Site or Service) must be retained on all copies thereof.
3. Content. For purpose of these Terms of Service, the term "Content" includes, without limitation, written comments and information, data, text, photos, graphics, in static or interactive feature, owned by or licensed to Whimseybox and which is provided or otherwise made available through the Service. Whimseybox may not monitor or control Content posted by users of the Service (including, without limitation, User Submission) or other individuals or entities (such as, Merchants or advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk. You acknowledge that by providing you with the ability to view and distribute Content on the Website, Whimseybox is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Whimseybox reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Whimseybox in its sole discretion.
4.User Submissions. Whimseybox may enable you to add, create, submit, distribute or post certain Content, including, without limitation, text, photos, data, graphics, and information (including, without limitation, personal information and location based services information) (each, a “User Submission”) through the Service. By submitting any User Submission on or through the Service, you (a) acknowledge that you are publishing such User Submission, and that you may be identified publicly by your User Name in association with such User Submission; (b) understand that whether or not such User Submission is published, Whimseybox does not guarantee, and is not under any obligation of, confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize Whimseybox and users of the Service to use all intellectual property rights in and to any User Submission, and to enable inclusion and use thereof in connection with the Service; (d) represent and warrant that your User Submission does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right, or any right of privacy; (e) grant Whimseybox a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based upon, display, perform, and otherwise exploit, the User Submission in connection with the Service and Whimseybox's business, including, without limitation, in connection with marketing of the Service; (f) without limiting subsection (d) above, agree that Whimseybox shall have the right, but not the obligation to, edit, delete, modify, reformat, or translate any User Submission submitted by you, at any time, without notice to you, and for any reason (including, without limitation, upon receipt of a claim relating to such User Submission, or if Whimseybox is concerned that you may have violated these Terms of Service), or for no reason; and (g) grant each user of the Service a non-exclusive license to access your User Submission through the Service and to use, reproduce, distribute, display, perform, and prepare derivative works based upon, such User Submission solely for personal non-commercial uses. You further acknowledge and agree that you shall be solely responsible for any User Submission submitted by you and to the consequences of posting or publishing such User Submission, and you waive any “moral rights” in such User Submission. You understand that when using the Service, you may be exposed to User Submission from a variety of sources, and that Whimseybox is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Whimseybox with respect thereto and you agree to indemnify and hold Whimseybox, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service.
5. Feedback. If you provide Whimseybox with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to Whimseybox all rights in such Feedback and agree that Whimseybox shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Whimseybox will treat any Feedback you provide to Whimseybox as non-confidential and non-proprietary. You agree that you will not submit to Whimseybox any information or ideas that you consider to be confidential or proprietary.
6. External Websites. The Website may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.
Copyright Policy – DMCA Notice. It is Whimseybox's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Whimseybox's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit Whimseybox to contact you, such as your address, telephone number, and, e-mail address; (e) 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 law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:
Attn: Copyright Agent
2409 20th St.
Boulder, CO 80304
Whimseybox may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. Indemnity. You agree to defend, indemnify and hold harmless Whimseybox and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Submissions or any that is submitted via your account; or (f) any other party's access and use of the Service with your unique username, password or other appropriate security code.
9. No Warranty THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WHIMSEYBOX, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHIMSEYBOX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHIMSEYBOX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS (U.S. $50).
11. Changes to the Terms of Service These Terms of Service are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any material changes to these Terms of Service will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our website or services. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms of Service may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our website, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
12. Refer a Friend We may offer members or subscribers the ability to earn a free additional month of subscription on the Site when they invite friends to become subscribers of the Site and those friends make a qualifying purchase in the required timeframe. If we offer such a program, for every new subscriber you invite ("Friend") to Company through the designated program, you will receive a coupon, the value of which will be equal to one month of subscription for a box of DIY crafts ("Coupon") to use after your Friend's first qualifying purchase has been shipped, such credit to be used only on your next purchase. You may only earn Coupons via our authorized member invite mechanism. Referrals outside of our authorized channels will not result in any Coupons. The Coupon has no value unless used for one box from our website and it cannot be used towards shipping, handling or gift certificates (except where the cost of the box includes shipping). Coupons may only be used once, and only one Coupon may be used per purchase transaction. We have no liability for any failure of your internet service provider, email provider, or device (including computer or mobile device) to deliver any Coupons to you. The use of Coupons and/or referral credit program is void where prohibited by law. Only one Coupon is allowed per invited new subscriber. Friends must join via clicking the link in the e-mail invitation or clicking on your personal invite URL to receive the Coupon. Each Friend can only accept one invite to Company. If your Friend does not follow the directions in the invite email to accept the invitation, you may not receive credit, and we will have no liability to you for your Friend’s failure to follow directions. If a Friend accepts an invite from someone else, you will not be credited for that invitation. In connection with these promotions, which may change from time to time, any person that receives Coupons, prizes or other benefits by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any Coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law. We reserve the right to void referrals and credits earned if we suspect that the referrals or credits were earned in a fraudulent manner, in a manner that violates this Agreement, or in a manner otherwise not intended by Company. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Company, including by using any trademarks of Company. If you use other sites, including without limitation, Facebook and Twitter, to recommend Company, you will ensure that your use complies with their terms and conditions. You may not earn, accrue, redeem, or use any Coupons unless you are a member or Subscriber of the Service.
13. Customer Coupons Coupons are only for use on product contained within our website and may not be used for the purchase of gift cards or services. Coupons have no cash value. Coupons are promotional in nature without any exchange of money or value from you. Coupons are not transferable to other accounts and as such, Coupons do not constitute property and you do not have a vested property right or interest in the Coupons. We reserve the right at any time with our discretion, and without prior notice, to discontinue the Coupons program or to add or change Coupons program rules, terms or conditions, including changing expiration periods or Coupons values for existing or future Coupons. Should there be any tax liability for the accumulation and/or use of credits, such taxes are your sole responsibility. We will have no liability for any errors displayed in your account. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by Company and such determination is final.
15. Termination Whimseybox may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by sending Whimseybox an email to firstname.lastname@example.org specifying your request and providing Whimseybox with your name and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and Whimseybox may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
16. Dispute Resolution. These Terms of Service shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Company has not adhered to this Statement, please contact Company by e-mail at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Company are unable to reach a resolution to the dispute, you and Company will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org).
17. Entire Terms. These Terms of Service constitutes the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Whimseybox is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Whimseybox’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms of Service shall be binding upon assignees.
18. Copyright/Trademark Information. Copyright © 2013, Whimseybox, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
19. Contact Information. Company welcomes your comments or questions regarding these Terms of Service. Please e-mail us at firstname.lastname@example.org or contact us at the following address or phone number:
1738 Pearl St. 2A
Boulder, CO 80302
If you signed up for Whimseybox prior to June 1, 2012 you most likely paid with Paypal and cannot login here. (Soon we'll transition everyone to an account here on the new site, but we're not quite finished yet.) In the meantime, you can update your payment information or change your address by logging into your Paypal account. To cancel your subscription via Paypal, go here. Any questions? Send us an email email and we'll help you out!