Terms Of Service

CraftyFantasy.com
Terms of Service and Terms of Sale

Last Updated: June 06, 2017

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

This agreement requires the use of mediation and arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Section 230(d) Notice: This Site may contain or link to sexually explicit material unsuitable for minors. Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

Child Pornography Prohibited: The Company prohibits pornographic content involving minors. The Company only allows visual media of consenting adults for consenting adults on the Site. If you see any visual media—real or simulated—depicting minors engaged in sexual activity on the Site, please promptly report this to the Company at sales@CraftyFantasy.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.

1.                   Acceptance of Terms of Service and Terms of Sale

This is an agreement between Bigosale, LLC d/b/a Finest Sex Dolls, a Georgia limited liability company (the “Company”), the owner and operator of the website located at www.CraftyFantasy.com (the “Site”), and you, a user of the Site. By using the Site or placing an order for products from this Site, you agree to this agreement. If you choose to not agree with this agreement, you must not use the Site or place an order for products from this Site.

The Site is offered and available to users who are at least 18-years old and have reached the age of majority where they live. You must not order or obtain products from this Site if you (1) do not agree to this agreement, (2) are not the older of (i) at least 18-years old or (ii) the legal age to form a binding agreement with the Company, or (3) are prohibited from accessing or using this Site or any of this Site’s contents, goods, or services by applicable law. By using this Site or placing an order for products, you state that you are (1) at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to agree to these terms and to perform the acts required of you by this agreement. If you do not meet these requirements, you must not access the Site or place an order for products.

2.                   Changes to Terms of Service and Terms of Sale

2.1               Right to Change Terms

The Company may, in its sole discretion, change these terms (“updated terms”) on one or more occasions.  

2.2               Notice of Updated Terms

Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the updated terms become effective. You acknowledge that the Company may notify you of the updated terms by posting them on the Site.

2.3               Acceptance of Updated Terms

Your use of the Site after the effective date of the updated terms constitutes your agreement to the updated terms. You should review these terms and any updated terms before using the Site.

2.4               Effective Date of Updated Terms

The updated terms will be effective as of the time of posing, or any later date as may be stated in the updated terms, and will apply to your use of the Site from that point forward.

3.                   Use of Site

3.1               License

During this agreement, the Company hereby grants you a nonexclusive, nonsublicensable, nontransferable license to access the Site for your personal and noncommercial use in accordance with this agreement.

3.2               Intellectual Property Rights

The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of the material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company reserves all rights not expressly granted in and to the Site. You will not engage in the use, copying, or distribution of any part of the Site or the services other than expressly permitted.

3.3               Trademarks

The FINEST SEX DOLLS name and logo are the Company’s trademarks, and must not be copied, imitated, or used, in whole or in part, without the Company’s advanced written permission. In addition, all page headers, custom graphics, button icons, and scripts are the Company’s service marks, trademarks, and trade dress, and must not be copied, imitated, or used, in whole or in part, without the Company’s advanced written permission.

3.4               User Conduct

You will not engage in any of the following prohibited activities:

(a)                copying, distributing, or disclosing any part of the Site in any medium, including by any automated or non-automated “scraping;”

(b)                using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Site;

(c)                 transmitting spam, chain letters, or other unsolicited email;

(d)                use the Site to collect email addresses for sending unsolicited emails;

(e)                attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;

(f)                  taking any action that imposes, or may impose at the Company’s sole discretion an unreasonable or disproportionately large load on the Site infrastructure;

(g)                uploading invalid data, viruses, worms, or other software agents through the Site;

(h)                collecting or harvesting any personally identifiable information, including account names, from the Site;

(i)                  using the Site for any commercial solicitation purposes;

(j)                  impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(k)                interfering with the proper working of the Site;

(l)                  accessing any content on the Site through any technology or means other than those provided or authorized by the Site;

(m)              bypassing any security measures the Company may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content in it;

(n)                decipher, decompile, disassemble, reverse engineer, or otherwise try to derive any source code or underlying ideas or algorithms of any aspect, feature, or part of the services; or

(o)                modify, translate, or otherwise create derivative works of any part of the Site or services.

4.                   Products; Terms of Sale

4.1               Products

The Company offers a variety of sex dolls through the Site.

4.2               Payment

All amounts due for purchases of the products are payable in full at the time of purchase.

4.3               Acceptance of Order

Your placement of an order does not necessarily assure that the Company will accept your order. The Company reserves the right to refuse any order in its sole discretion. In addition, before accepting your order, the Company may require additional information if you have not provided all of the information required by the Company to complete your order. Once a properly completed order is received, authorization of your form of payment is received, and the Company has accepted your order, the Company will promptly place your order in line for shipment.

4.4               Pricing and Availability

All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and the Company reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you acknowledge that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

4.5               Payment Terms

The Company currently accepts Visa, MasterCard, American Express, and Discover credit cards. In addition, the Company accepts payments through PayPal. By submitting your order, you state that you are authorized to use the designated credit card or PayPal account and authorize the Company to charge your order (including taxes, shipping, and handling, if any) to that card or PayPal account. If the card or PayPal account cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically. If you pay for the Company’s products by credit card and later “charge back” your purchase through your merchant account provider, the Company reserves the right to terminate this agreement and all pending orders and transactions immediately, in addition to all available remedies at law or in equity.

4.6               Shipping Terms and Policies

(a)                The Company tries to ship all orders within 10 to 14 business days, but the turnaround time could extend up to 15 to 30 business days depending on the number of orders the Company receives or the order calls for customer work. The Company’s standard business hours are Monday through Friday, 8 a.m. to 5 p.m. Eastern Standard Time. Shipping is typically via FedEx and you should allow five to eight business days for standard delivery once an order has been shipped. The Company reserves the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice (if available).

(b)                The Company offers free standard shipping on all products to customers worldwide. All expedited shipping charges are your responsibility, unless waived by the Company. Expedited shipping charges will be included in your invoice and can be viewed before finalizing your order. The expedited shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, and the Company reserves the right to stop offering free standard shipping.

(c)                 All orders are shipped FOB shipping point. Title to products passes from the Company to you on shipment and the Company is not responsible for any shipping delays or problems once the product has been shipped.

4.7               Back Orders

If for some reason an item on your order is temporarily out of stock, the Company will back order that item for you and ship the other merchandise promptly. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.

4.8               Refund Policy

If you change your mind within the first 24 to 48 hours of payment, the Company will give you a full refund. Any refund after this period is dependent on how much further the Company is with making your doll. You must contact the Company as soon as you change your mind. A sales representative will assist you in figuring out your refund. If your order is close to being shipped, the Company cannot provide any refund at that time. Please understand that each doll is made to each customer request.

4.9               Returns and Exchange Policy

No returns are accepted. All sales are final. Please choose carefully before you buy. Due to health and hygiene reasons, the Company is unable to offer an exchange or refunds for change of mind on its sex dolls. Also, as each doll is handmade and customized according to each sale, it is not possible to return the item. This is why the Company provides clear photos of the product to facilitate your decision.

4.10           Errors

The Company tries to be as accurate as possible; but the Company does not warrant that all product descriptions, photographs, pricing, or other information on this Site is accurate. In addition, all weights and size dimensions are approximate. In the event of an error, whether on this Site, in an order confirmation, in processing an order, in delivering a product, or otherwise, the Company reserves the right to correct that error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

4.11           Limited Warranty for Faulty Products

(a)                For faulty products (i.e., defects in materials and workmanship), the Company offers a limited 30 days’ fix warranty from the date you receive your product (this warranty period is not extended if the Company repairs or replaces a warranted product). If your product is faulty, the Company will replace it with an identical product. If a certain part of the sex doll body is faulty, the Company will replace that part. The Company will offer you the option of a discount or choosing another product of the same value if the part cannot be fixed. The Company will also pay for shipping and handling fees to return the repaired or replacement product to you if the Company elects to repair or replace the faulty product. If you have used the faulty product, the Company cannot replace the used product for health and hygiene reasons. In this case, the Company can only offer some refund depending on the damage level of the product.

(b)                This limited warranty does not cover any damage due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems, or other matter not provided or authorized in writing by the Company; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond the Company’s reasonable control.

(c)                 To obtain warranty service, you must call (888) 301-0606 or email the Company at sales@CraftyFantasy.com during the warranty period.

5.                   Goods Not for Resale or Export

You will comply with all applicable laws and regulations of the various states and of the United States including all export regulations, as defined below. You state that you are buying products from the Site for your own personal use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including the Export Administration Act of 1979 (50 U.S.C. §§ 2401–2410), the Export Administration Regulations promulgated under it (15 C.F.R. 768–799), the International Traffic in Arms Regulations (22 C.F.R. 120–128 and 130) (collectively, “export regulations”).

6.                   Links

The Site may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

7.                   Third-Party Content

Through the Site, you may have the ability to access or use content provided by third parties. The Company cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. The Company will not be liable for your access or use of any third-party content.

8.                   Privacy

For information about how the Company collects, uses, and shares your information, please review the Privacy Policy [insert as hyperlink to privacy policy]. You acknowledge that by using the Site you consent to the collection, use, and sharing (as set out in the Privacy Policy) of this information, including the transfer of this information to the United States or other countries for storage, processing, and use by the Company.

9.                   Termination

The Company may terminate your license to use this Site and block or prevent your future access to, and use of, this Site without notice, for any reason or no reason.  

10.               Changes to the Site; Availability

10.1           Although the Company may update the content on the Site on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and the Company is not required to update that material. If you believe you have found errors or omissions on the Site, you can bring them to the Company’s attention by emailing the Company at sales@CraftyFantasy.com.  

10.2           While the Company will try to make sure that the Site is always available, the Company does not guarantee continuous, uninterrupted, or secure access to the Site. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Site.

11.               Reliance on Information Posted

11.1           The Company makes the information presented on or through the Site available for general information purposes only. The Company is not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. The Company will not be liable for any reliance placed on these materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

11.2           The Site may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the Company’s opinion. The Company will not be liable to you or any other person for the content or accuracy of any materials provided by any other person or entity.

12.               Compliance with Law

The Company is located in the United States. The Company is not making any statement that the Site or any of its content or merchandise is accessible or appropriate outside of the United States. Access to the Site or use of the merchandise might not be legal by certain persons or in certain countries. If you access the Site from outside the United States or use the merchandise outside the United States, you do so on your own initiative and are responsible for complying with all local laws.

13.               Disclaimers

13.1           You acknowledge that the Company cannot and does not state that files or links available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Site for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it. 

13.2           Your use of the Site, its content, and any services or merchandise obtained through the Site is at your own risk. The Company provides the Site, its content, and any services or merchandise obtained through the Site “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. The Company is not making any warranty (1) that the Site, its content, or any services or merchandise obtained through the Site will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Site or the server that makes it available is free of viruses or other harmful components; or (4) that the Site or any services or merchandise obtained through the Site will otherwise meet your needs or expectations.

13.3           The Company is not making any warranty, whether express, implied, statutory, or otherwise, including warranty of merchantability, title, noninfringement, privacy, security, and fitness for particular purpose. Neither any performance or other conduct, nor any oral or written information, statement, or advice provided by the Company or any of its agents or employees will create a warranty, or in any way increase the scope or duration of the limited warranty set out in section 4.11.

14.               Limit on Liability; Exclusive Remedy

14.1           Unless caused by the Company’s gross negligence or its intentional misconduct, the Company will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages—regardless of theory of liability or foreseeability—arising out of your use of the merchandise or your access or your inability to access the Site.

14.2           The Company also will not be liable to you for any damages for any of the following: (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, (11) cost of procurement of substitute merchandise, or (12) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.

14.3           If you are dissatisfied with the Site or have any other complaint, your exclusive remedy is to stop using the Site. The Company’s responsibility for faulty or defective products is limited to repair, replacement, or refund as set out in section 4.11, which is your exclusive remedy for any faulty or defective product purchased through the Site. The Company’s maximum liability to you for any claim will not exceed the actual amount paid by you for the faulty product that you purchased through the Site.

15.               Scope of Disclaimers and Limits

The disclaimers and limits stated in sections 13 and 14 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the limitation of some damages, or other matters, one or more of the disclaimers or limits might not apply to you.

16.               Dispute Resolution

16.1           Litigation Election

Either party may elect to litigate the following type of case or controversy:

(a)                an action seeking injunctive relief,

(b)                an action seeking to enforce or protect intellectual-property rights, or

(c)                 a suit to compel compliance with this dispute resolution process.

16.2           Negotiation

Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under this agreement. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the Site (including your purchase of products through the Site) or this agreement.

16.3           Mediation

(a)                If the parties cannot settle a dispute arising out of or relating to the Site (including your purchase of products through the Site) or this agreement through negotiation after negotiating for at least 30 days, either party may, by notice to the other party and the International Institute of Conflict Prevention & Resolution (“CPR”), demand mediation under the Mediation Procedure of CPR.

(b)                Mediation will take place in Albuquerque, New Mexico. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties otherwise agree in writing.

(c)                 Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties.

16.4           Arbitration

(a)                Arbitration Procedure

If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to the Site (including your purchase of products through the Site) or this agreement by arbitration administered by CPR under its Rules for Administered Arbitration. A single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable.

(b)                Arbitration Location

Unless the parties agree otherwise, the arbitration will take place in Cumming, Georgia.

(c)                 Arbitration Fees

Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.  

(d)                Arbitration Award

The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

(e)                Arbitration Confidentiality

Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties.

16.5           Jurisdiction

(a)                If a party brings any litigation proceeding authorized under this agreement, that party will bring that proceeding only in the United States District Court for the Northern District of Georgia or in any state court of competent jurisdiction in Forsyth County, Georgia, and each party hereby submits to the exclusive jurisdiction and venue of those courts for purposes of any litigation proceeding.

(b)                Each party hereby waives any claim that any proceeding brought in accordance with section 16.5(a) has been brought in an inconvenient forum or that the venue of that proceeding is improper.

16.6           Recovery of Expenses

(a)                In any proceedings between the parties arising out of or relating to the subject matter of this agreement (including the purchase of products through the Site), the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

(b)                For purposes of section 16.6(a), “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.

16.7           Jury Trial Waiver

Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Site (including the purchase of products through the Site) or this agreement. Either party may enforce this waiver up to and including the first day of trial.

16.8           Class Action Waiver

The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor the Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.

16.9           Limitation on Time to Bring Claims

A party will not file a claim arising out of or relating to the Site (including the purchase of products through the Site) or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.

17.               General

17.1           Entire Agreement

This agreement constitutes the entire agreement between you and the Company about your access to the Site and your purchase of merchandise. It supersedes all earlier or contemporaneous agreements between you and the Company about access to the Site and purchase of merchandise. A printed version of this agreement will be admissible in any proceedings arising out of or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.

17.2           Copy of this Agreement

You may—and the Company recommends that you—print this agreement on your printer or save it to your computer. If you have trouble printing a copy, please contact the Company at sales@CraftyFantasy.com and the Company will email you a copy.

17.3           Assignment and Delegation

The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this provision is void.

17.4           No Waivers

The parties may waive any provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.

17.5           Severability

The parties intend as follows:

(a)                that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;

(b)                that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable;

(c)                 that if an unenforceable provision is modified or disregarded in accordance with this section 17.5, then the rest of the agreement will remain in effect as written; and

(d)                that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

17.6           Notices

(a)                Sending Notice to the Company

You may send notice to the Company by email at sales@CraftyFantasy.com unless a specific email address is set out for giving notice. The Company will consider an email notice received by it only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Site. Please check the Site for the most current information for sending notice to the Company. 

(b)                Sending Notice to You­—Electronic Notice

You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Site chosen for this purpose. The Company will consider notices sent to you by email received when the Company’s email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.

17.7           Governing Law

The laws of the state of Georgia—without giving effect to its conflicts of law principles—govern all matters arising out of or relating to this agreement or the Site, including the validity, interpretation, construction, performance, and enforcement of this agreement.

17.8           Force Majeure

The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond the Company’s reasonable control delays or continues to delay the Company’s performance, including: 

(a)                Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;

(b)                War, riot, arson, embargoes, acts of civil or military authority, or terrorism;

(c)                 Fiber cuts;

(d)                Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;

(e)                Failure of the telecommunications or information services infrastructure; and

(f)                  Hacking, SPAM, or any failure of a computer, server, network, or software.

17.9           No Third-Party Beneficiaries

This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

17.10       Relationship of the Parties

This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a nonparty.

17.11       Successors and Assigns

This agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section 17.3 does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement. Section 17.11 addresses these matters.

17.12       Permission to Send Emails to You

You grant the Company permission to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult oriented material, sexual content and language, and images of nudity unsuitable for minors. Your permission will continue until you ask the Company to remove you from its email list. For more information, please see the Privacy Policy [insert as hyperlink to privacy policy].

17.13       Electronic Communications Not Private

The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Site to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Site may read all messages you send to the Site regardless of whether they are intended recipients.

17.14       Electronic Signatures

Any affirmation, assent, or agreement you send through the Site will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

17.15       Feedback

The Company encourages you to give feedback about the Company, the Site, or the service. But the Company will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict the Company’s right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

17.16       Consumer Rights Information—California Residents Only

This section applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:

Bigosale, LLC

410 Peachtree Parkway
Cumming, Georgia 30041
(888) 301-0606

You may contact the Company at sales@CraftyFantasy.com to resolve any disputes or to receive further information about the Site.

17.17       Complaints—California Residents

You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.

17.18       Contact Information

If you have any questions about this agreement, the Site, or the products, you may contact the Company by email at sales@CraftyFantasy.com or by phone at (888) 301-0606.

17.19       Usages

In this agreement, the following usages apply:

(a)                Actions permitted under this agreement may be taken at any time and on one or more occasions in the actor’s sole discretion.

(b)                References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

(c)                 References to numbered sections in this agreement also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc.

(d)                References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

(e)                “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

(f)                  “Including” means “including, but not limited to.”