Crayola Create and Play App

Please read the following Membership Agreement.

BY DOWNLOADING THIS CRAYOLA LLC APP, YOU’RE AGREEING TO ABIDE BY THE TERMS AND CONDITIONS OF USE DESCRIBED BELOW. WE’VE CREATED THESE RULES AND GUIDELINES TO PROTECT YOU AND TO ENSURE THAT CRAYOLA APPS REMAIN FUN AND SAFE FOR EVERYONE.

Terms and Conditions of Use

Please read these Terms carefully before using this Crayola LLC app. By using this Crayola LLC app, you indicate your agreement to these Terms of Use. If you are not agreeable to these Terms of Use, please do not use this Crayola LLC app.

Restrictions on Use of Materials

You acknowledge that this app may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by Crayola LLC, its parent company or its subsidiaries or by licensors of Crayola LLC. You agree and acknowledge that, notwithstanding that Crayola LLC permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. In addition to Crayola LLC and its licensors’ Rights in individual elements of the Content, Crayola LLC owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part except for personal or classroom educational purposes. No other use may be made of the content without the express written permission of Crayola LLC. 

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Crayola LLC be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this app, even if Crayola LLC or a Crayola LLC authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Crayola LLC’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this website.

Disclaimer

The materials in this app are provided "as is" and without warranties of any kinds, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Crayola LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Crayola LLC does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this app or the server that makes it available are free of viruses or other harmful components. Crayola LLC does not warrant or make any representation regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not Crayola LLC) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.

Unsolicited Submissions

Crayola LLC welcomes comments regarding its products and services. However, Crayola LLC’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Crayola LLC’s very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you not send us any such ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products and not submit any creative ideas, suggestions or materials. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Crayola LLC. None of the Information shall be subject to any obligation of confidentiality on the part of Crayola LLC, and Crayola LLC shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting products available in the United States, its territories, possessions and protectorates. Crayola LLC may change, add or delete programs described in this website at any time without notice. This website is controlled and operated by Crayola LLC from its offices within the State of Pennsylvania, United States of America. Crayola LLC makes no representation that materials in the website are appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Crayola LLC app(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Crayola LLC if in Crayola LLC’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this website and any and all other Crayola LLC app(s) and all copies thereof, whether made under the terms of this agreement or otherwise. 

Copyright Agent

Crayola.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Crayola.com’s Copyright Agent and provide the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • 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.

Please send your copyright information to:

Legal Division
Hallmark Cards, Incorporated
2501 McGee Trafficway
MD 339
Kansas City, MO 64108
Phone: 1-816-274-5583
Email: trademark@hallmark.com