Last revised: April 9, 2008

Welcome

Welcome to TheRedPorch.com, owned and operated by The Red Porch, Inc. (herein, "TRP"). The following are the boring but legally binding Terms and Conditions Of Use (herein "Terms") and policies regarding all the stuff that you probably already know but that we had better clarify in print just to make sure we're all on the same page. Periodically we'll update or change this stuff, and when we do we'll put the latest date of revision at the top of this page. It's your responsibility to regularly check this page for changes. By using or accessing this Site (at theredporch.com) and/or its services (herein "Site"), whether you are registered with the Site or not, you are agreeing to the currently posted Terms as found on this page. If at any time you do not agree to all of the Terms here, do not use or access (or continue to use or access) the Site.

Privacy Policy

Summary: We do collect some personal information, like your email address or billing information, if you register with us or make a purchase, but we will never share that information.

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is never shared with or sold to other organizations except under the following circumstances:

  • It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms, or as otherwise required by law.
  • We transfer information about you if TRP or the Site are acquired by or merged with another company. In this event, TRP will notify you before information about you is transferred and becomes subject to a different privacy policy.

Information Gathering and Usage

  • When you register on TRP we ask for information such as your name and email address. When you make a purchase, we additionally ask for information such as, billing address and credit card information.
  • TRP uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.

Cookies

  • A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.
  • Cookies are required to use the Site.
  • We use cookies to record current session information. We do not store sensitive personal information in cookies.

Uploaded Content

  • TRP is a public site, and any content you upload/add will be viewable and downloadable by anyone visiting the site. If you are not comfortable with that, do not use the site. Likewise any meta data you add to uploaded content, comments you make or profile information you enter will be viewable by anyone visiting the site.

    Under no circumstances will we publicly share information gathered during the checkout process in the store (full name, address, payment information).

Please contact us with any questions about this Privacy Policy.

Terms and Conditions

Account Terms

  • You must be 13 years of age or older to use this service.
  • You may not share login credentials with anyone else. A single login shared by multiple people is prohibited and may result in the loss of your account without notice.
  • TRP may change, suspend or discontinue any aspect of Site or services at any time, including the availability of any service feature or content. TRP may also impose limits on certain features and services or restrict your access to parts or all of the service without notice or liability.
  • You are responsible for maintaining the security of your account and password. TRP cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You may not post, transmit, or share Content on the Site that you did not create or that you do not have permission to post. You understand and agree that TRP may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason.
  • You may remove your User Content from the Site at any time.
  • We claim no intellectual property rights over the material you provide to the Service. Your profile and all Content linked or uploaded remain yours. However, because your profile, layout pages, and comments are shared publicly, you agree to allow others to view and share your Content.

Prohibited Content

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the TRP Site or Services. TRP reserves the right to take appropriate legal action against anyone who, in TRP's sole discretion, violates this provision, including without limitation, removing the offending Content from the Site and terminating the account of such violators. Prohibited content includes, but is not limited to:

  • advertising of any kind;
  • anything patently offensive including racist, bigoted, threatening or violent content;
  • sexually explicit Content, including pornographic images;
  • Content which promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

Prohibited Activity

You agree not to:

  • harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Site;
  • share your login information, or account with anyone;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • use or attempt to use another's account, or create a false identity on the Site.

Indemnification

You agree to defend, indemnify and hold harmless The Red Porch and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the TRP website, and/or its services, and/or products.

Objectionable Material

You understand that by using TRP, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit subject matter. Nevertheless, you agree to use TRP at your sole risk and that TRP shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Visitors and customers outside the United States

Our websites and the servers that make these sites available worldwide are located in the United States. All matters relating to these sites are governed by the laws of the State of Washington in the United States. Any information you provide in registering with our Site, or ordering on our Site will be transferred to the United States. By visiting our site and submitting information, you authorize this transfer, processing and use.

Shopping Policy

  • When you make a purchase from TheRedPorch.com, we collect your name and payment method information, such as credit card information. We collect this information in order to bill you for your purchase. This information can be updated and modified any time you make a purchase.
  • By confirming your transaction at the end of the checkout process, you agree to accept and pay for the item(s) requested.
  • All purchases on the TheRedPorch.com website are in U.S. funds. TRP is not responsible for changes in exchange rates with other currency types. Any charges and/or refunds will be calculated in U.S. funds only.
  • There may be certain orders that we are unable to accept and must cancel. We reserve the right to refuse or cancel any order for any reason.
  • When purchasing a download, you will be charged immediately, if the transaction is successful, you will be given a link to download your purchases. If for some reason you are not provided a download, contact us immediately so that we can provide you with your download.
  • All download purchases are non-refundable, unless the item or items ordered are duplicated.

Store Terms

  • You must provide full and accurate information when you make a purchase.
  • It is your responsibility, after making a purchase, to immediately download and archive the art you've purchased. We reserve the right to remove art from your MyDownloads page at any time.
  • You may not distribute, sell or otherwise provide any of the art you obtain here, in whole or in part, in any form, to anyone else under any conditions.
  • TRP may change or discontinue anything available in the store including, but not limited to, price, product contents and availability

Errors

We attempt to be as accurate as possible and eliminate errors on the Site, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise credit, with a value at least equal to the amount charged to your credit card.

Taxes

User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, TRP reserves the right to collect such taxes or other fees from you at any time.

Copyright Infringement

For information on copyright policy for licensed art we offer in our store, please go here.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TRP's Copyright Agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the TRP site, with enough detail that we may find it on the web site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

TRP's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By phone
(509) 414-0123

By fax
(866) 315-4647

By email

Art Copyright and Usage Policy

Your Digital Art Download ("Art" herein) includes a limited use license for one (1) person, which gives you legal permission to use copyrighted intellectual property (the Art) within the stated parameters of this agreement. Any other use is a violation of federal copyright laws. You do not own the individual Art, but have purchased the rights to use it as outlined in this agreement. The creator retains all other rights.

Downloading any Art from the Site (either as a free download, or as something you've purchased) indicates your acceptance to abide by the terms of this agreement. If you do not agree to these terms, do not make the purchase or download the file.

The Art contained in our downloads is licensed and protected by international copyright laws. These designs are copyrighted by the artist and licensed to TRP. The use of the Art for anything, besides what is allowed by this limited licensing agreement, is prohibited.

This limited license allows you to use the Art to create items for your own personal use. You can also use the Art to create handmade items to give to others. That's it! You may not create something to sell which uses the Art. You may not print the Art out and use it for anything but a personal creation for your own enjoyment, or which you give to someone else. You may not mass produce anything with the Art. You may not gain any commercial benefit from the use of this Art. (Sorry that was so bossy, but we need to be clear).

You may not, in any way, digitally distribute (including but not limited to, posting to the Internet (blogs, forums, instant messages, chat rooms, ftp), emailing, file sharing) any of the art (in whole or in part) obtained directly, or indirectly from this Site. The only permissible exception is that you may digitally share a picture of your final craft creations using the art you downloaded from the TRP Site. For example, you can post and share a scrapbooking layout you made using the Art from the Site.

Ick, ok now that we've got all that nasty stuff out of the way -- we really do hope you'll find a zillion wonderful ways to use this art in your creations.