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12/05/2011

The following terms and conditions govern all use of the mycreationsunlimited.com website and all content, services and products available through the website, including, but not limited to, the customer area (collectively referred to as the Site).  The terms “we”, “us”, or “our” shall refer to Creations Unlimited.  The terms “you”, “your”, “user”, “client”, or “customer” shall refer to any individual or entity who accepts this agreement.

The Site is owned and operated by Creations Unlimited.  The Site is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Creations Unlimited’s Privacy Policy) and procedures that may be published from time to time on this Site by Creations Unlimited (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Site.  By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement.  If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.  Creations Unlimited is available only to individuals who are at least 13 years old.

Customer area account
You are responsible for maintaining the security of your customer area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.  You must immediately notify Creations Unlimited of any unauthorized uses of your account or any other breaches of security.  Creations Unlimited will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.


Contribution to website

If you leave comments anywhere on the Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.  That is the case regardless of whether the Content in question constitutes text,, graphics, audio, or computer software.  By making Content available, you represent and warrant that:
  • Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
  • You have fully complied with any third-party licenses relating the the Content, and have done all things necessary to successfully pass through to end users any required terms
  • The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content
  • The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
  • The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third part

By submitting Content to Creations Unlimited for inclusion on our Site, you grant Creations Unlimited a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, Creations Unlimited has the right (though not the obligation) to, in Creations Unlimited’s sole discretion (i) refuse or remove any content that, in Creations Unlimited’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use the Site to any individual or entity for any reason, in Creation Unlimited’s sole discretion.  Creation Unlimited will have no obligation to provide a refund of any amounts previously paid under these circumstances.


Safe Shopping & Security
Creations Unlimited takes the issue of privacy on the Internet very seriously.  We implement a variety of security measures to maintain the safety of your personal information when placing an order or access you personal information.  

  
Product Description
We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free.


Display
We have made every effort to display the items featured on this Site as accurately as possible.  Please note, however, that the colors we use, as well as the display color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen.  The Site cannot be responsible for the limitations of your monitor’s display of any color or detail.  For optimal viewing we recommend setting your monitor to 1024 x 768.  


Pricing, payments and refunds
The Site offers products and services for sale.  Prices offered on the Site are quoted in U.S. Dollars.  Such prices do not include shipping and handling, expedited service or taxes if applicable, which will be added to your total invoice price .
The Site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process.  Any payment issues or disputes should be resolved directly with the payment processor.  Once we have been notified by the payment processor that a payment has been made, successfully passed a fraud review and cleared, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.  
You may request a refund or an exchange within 7 days of You receiving the product and/or service.  All refund and exchange requests must be approved by us prior to a refund or exchange being issued.  At our sole discretion, we may or may not approve a refund or an exchange on special, custom made orders.  Upon approval, refunds will be issued within 45 days in the same manner as payment was received.  Shipping and handling costs You incur from the purchase of a product will not be refunded to You.  Return shipping costs, including delivery confirmation, and Insured Delivery if applicable is the sole responsibility of the Customer and will not be refunded to You.  Products must be returned in original condition and packaging prior to a refund or exchange being issued.  There is a 10% restocking fee.


Shipping and Shipping Charges

Creations Unlimited will ship most in-stock orders within 1 business day of receiving Your cleared payment.  Please refer to the above “Pricing, payments and refunds” section of this Agreement regarding what constitutes a “cleared payment.”   We usually ship special, custom made orders within 14 business days of receiving Your full and cleared payment.
Despite recent dramatic fuel costs increases, we strive to provide you with the quickest, most economical delivery.  
  • Each order requires a packaging, shipping and delivery confirmation charge.This charge covers Your cost of shipping most parcels to the 48 contiguous states by surface.  Extra charges apply to air shipments.  All international shipments require air or ground service.  There are no extra charges for additional shipment of backordered products.
  • In the 48 contiguous states we ship via UPS, FedEx Ground, and USPS mail
  • Due to recent USPS changes, we ship all foreign orders by air
  • Alaska, Hawaii and Canada orders are shipped via USPS or UPS
  • For air shipment you can specify Priority Air, Economy Air or Priority Mail
  • We welcome orders from around the world.  All orders are shipped via air delivery and require packaging, Insured Delivery charges, delivery confirmation charges and air shipment charges.

Responsibility of website visitors
By operating the Site, Creations Unlimited does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful.  You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horsed, and other harmful or destructive content.  The Site may contain content that is offensive or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other error.  Creations Unlimited disclaims any responsibility for any harm resulting from the use by visitors of the Site.


De we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except to provide products or services you’ve requested.  This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.  We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.  However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Copyright infringement and DMCA policy

As Creations Unlimited asks others to respect its intellectual property rights, it respects the intellectual property rights of others.  If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify Creations Unlimited in accordance with common DMCA policies.  Creations Unlimited will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.  In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Creations Unlimited or others, Creations Unlimited may, in its discretion, terminate or deny access to and use of the Site.  In case of such termination, Creations Unlimited will have no obligation to provide a refund of any amounts previously paid to Creations Unlimited,  You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
Intellectual property
This Agreement does not transfer from Creations Unlimited to You any Creations Unlimited or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with Creations Unlimited.  Creations Unlimited logo, and all other trademarks, service marks, graphics and logos used in connection with Creations Unlimited or the Site are trademarks or registered trademarks of Creations Unlimited or Creations Unlimited licensors.  Other trademarks, services marks, graphics and logos used in connection with the Site may be the trademarks of other third parties.  Your use of the Site grants you no right or license to reproduce or otherwise use any Creations Unlimited or third-party trademarks.


Third party links
Our site may contain links to third party sites.  These third party sites have separate and independent privacy policies.  We therefore have no responsibility or liability for the content and activities of these linked sites.  Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.


Changes
Creations Unlimited reserves the right, at its sole discretion, to modify or replace any part of this Agreement.  It is your responsibility to check this Agreement periodically for changes.  Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.  Creations Unlimited may also, in the future, offer new services and/or features through the Site.  Such new features and/or services shall be subject to the terms and conditions of this Agreement.


Termination
Creations Unlimited may terminate your access to all or any part of the Site at any time with or without cause, with or without notice, effective immediately.  If you wish to terminate this Agreement you may simply discontinue using the Site.  Notwithstanding the foregoing, if you have a customer account, such account can only be terminated by Creations Unlimited.  Creations Unlimited can terminate the Site immediately as part of a general shut down.  All provisions of this Agreement which by their nature should service termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Disclaimer of warranties
The Site is provided “as is”.  Creations Unlimited and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  Neither Creations Unlimited nor it suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted.