25000018364 2017-05-08T12:26:23-04:00 25000028330 false Privacy 4 2017-05-26T11:49:33-04:00 1 1 2017-05-08T12:30:10-04:00 3 6 We respect your privacy. Your email address and your personal contact information that you have provided to Faber-Castell USA, will NEVER be sold or shared in any fashion. You have our word on that!  <p>We respect your privacy. Your email address and your personal contact information that you have provided to Faber-Castell USA, will NEVER be sold or shared in any fashion. You have our word on that! </p> 25000028330 775 25000009104 2017-05-26T15:39:07-04:00 25000121928 1 2 3 6 E-mail Addresses & Personal Information 2017-05-26T15:39:07-04:00 25000121928 1 2017-05-08T13:29:54-04:00 1 0 We remember our own experiences as children and how excited we were to receive anything addressed to us in the mail, let alone receive a package. If your name was spelled correctly, oh boy - what a treat!!   If there happens to be a problem with one of our children's products, we like to address replacement packages directly to the disappointed child.  Not only would we like to make it up to them, we want for them to feel special. We hope that they understand that although things may not always go right with a product, there are responsible companies that do actually care about their experience with a brand.   If you are not comfortable providing this detail, it is not a problem of course.  It is certainly not required.  We will address the package to you. If you would like to share your own childhood memory with a product that made a positive impact on you, we would love to hear about it!  Share your experience with us here.     <p>We remember our own experiences as children and how excited we were to receive anything addressed to us in the mail, let alone receive a package. If your name was spelled correctly, oh boy - what a treat!!  </p><p><br></p><p>If there happens to be a problem with one of our children's products, we like to address replacement packages directly to the disappointed child.  Not only would we like to make it up to them, we want for them to feel special. We hope that they understand that although things may not always go right with a product, there are responsible companies that do actually care about their experience with a brand.  </p><p><br></p><p>If you are not comfortable providing this detail, it is not a problem of course.  It is certainly not required.  We will address the package to you.</p><p><br></p><p>If you would like to share your own childhood memory with a product that made a positive impact on you, we would love to hear about it!  <a href="mailto:consumer@fabercastell.com"><strong>Share your experience with us here</strong>.</a>    </p><p><br></p><p><br></p> 25000028330 667 25000009105 2017-06-22T18:33:14-04:00 25000121928 2 2 1 0 Your Child's Name 2017-05-08T14:01:56-04:00 25000121928 1 2017-05-08T13:41:31-04:00 0 1 ("Faber-Castell USA, Inc." “Faber-Castell,” “we” or “us”) Faber-Castell USA, Inc. respects your privacy and we are committed to protecting it through our compliance with this policy.  This policy describes the types of information we may collect from you or that you may provide when you visit the websites located at www.fabercastell.com, www.fabercastell.webdamdb.com, www.creativitycan.com, www.creativity-connection.com, www.creativityforkids.com, www.designmemorycraft.typepad.com and www.graf-von-faber-castell.us and all affiliated websites (our “Websites”) and our practices for collecting, using, maintaining, protecting and disclosing that information.  We have designed our Websites with parents and children in mind.  We appreciate and respect our visitors' concerns for their safety when personal information is shared with us.  We are committed to protecting the privacy and security of all personal information that is submitted to us.  We do not sell or share any information to third parties.  While we take reasonable measures to safeguard the confidential information that you provide, Faber-Castell has no liability for the disclosure of any information that is obtained due to transmission errors or for the disclosure of any information obtained by any unauthorized acts by third parties. This policy applies to information we collect: On our Websites; In e-mail, text and other electronic messages between you and our Websites; or Through mobile and desktop applications you download from our Websites, which provide dedicated non-browser-based interaction between you and our Websites. It does not apply to information collected by: us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or any third party (including our affiliates and subsidiaries). Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using our Websites, you agree and consent to this privacy policy. This policy may change from time to time (see the section below entitled Changes to our Privacy Policy). Any changes or updates to the privacy policy are effective immediately upon posting to the Websites and your continued use of the Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. If you wish to browse the Websites, you may generally do so anonymously.  There is no need to provide any personal information while browsing our Websites.  If you choose to contact us requesting assistance with products, product information or general questions we ask for your personal information on our contact us page. This information helps us process your inquiry and provide the best service possible.  Children Under the Age of 13. We adhere to the Children's Online Privacy Protection Act (COPPA) on our Websites as well as offline.  A child’s privacy is important to us.  No one under age 13 may provide any personal information to or on our Websites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Websites or on or through any of the features on the Websites, make any purchases through the Websites, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.  Providing any personal information regarding a child, including the child’s name and age is strictly at the parent’s discretion.  At any time a parent can request to review their personal information and their child's personal information that they have submitted to us.  A parent may also ask to have it deleted by sending a request to consumer@fabercastell.com.  If a visitor to the Websites is under the age of 18, they should read the privacy policy with their parents for guidance.  Information We Collect About You and How We Collect It. We collect several types of information from and about users of our Websites, including information: by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information the Websites collect that is defined as personal or personally identifiable information under an applicable law (“personal information”); that is about you but individually does not identify you, such as your such as your demographic, gender, location; and/or about your internet connection, the equipment you use to access our Websites and usage details. We collect this information: Directly from you when you provide it to us; and/or Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies. Information You Provide to Us. The information we collect on or through our Websites may include: Information that you provide by filling in forms on our Websites, which includes, but is not limited to, information provided at the time of subscribing to our service, or requesting further services (e.g., First Name, Last Name, Address, Phone Number); Information collected when you report a problem with our Websites; Records and copies of your correspondence (including e-mail addresses), if you contact us; and/or Details of transactions you carry out through our Websites and of the fulfillment of your orders (you may be required to provide financial information before placing an order through our Websites). Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we (or a third party designated by us) may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: Details of your visits to our Websites, including traffic data, location data, logs and other communication data and the resources that you access and use on the Websites. Information about your computer and internet connection, including your IP address, the page(s) you request, the domain name of the website from which you may link to the Website, your computer operating system and browser type. The information we (or a third party designated by us) collect automatically is statistical data and does not include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: Estimate our audience size and usage patterns. Store information about your preferences, allowing us to customize our Websites according to your individual interests. Speed up your searches. Recognize you when you return to our Websites. The technologies we (or a third party designated by us) use for this automatic data collection may include: Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, assist our online merchants to track visits to and sales at our sites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns.  You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites. Flash Cookies. Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the section entitled Choices about How We Use and Disclose Your Information below. Web Beacons. Pages of our the Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Faber-Castell, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).     How We Use Your Information: We may use information that we collect about you or that you provide to us, including any personal information: When you submit your personal information to us unless you specify otherwise, you are entered into our consumer database.  You are then on our list to receive e-mails regarding our special promotional offers and new product introductions periodically.  We will not send you junk mailings or mail that contains pop ups, only information about our products and specials that are being offered; To present our Websites and its contents to you; To provide you with information that you request from us; To fulfill orders for products or services that you may place through the Websites or for any other purpose for which you provide it; To provide you with notices about your account; To notify you about changes to our Websites or any products or services we offer or provide though it; In any other way we may describe when you provide the information; or For any other purpose with your consent. We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please indicate as such on the order form. For more information, see the section titled Choices About How We Use and Disclose Your Information below. Online Ordering. When you place an online order the following information is required to process and fulfill your order, send order confirmation and tracking information to you.  customer’s name, billing address, shipping address, e-mail address and credit card information.  Customers must be 18 years of age or older and must use a valid credit card to purchase products online.  In compliance with the Children's Online Privacy Protection Act (COPPA), we will not knowingly collect personal information from or provide our services to persons under the age of 18. All internet purchasing transactions are performed on Shopatron, a secure site operated by an un-affiliated third party company, Shopatron Inc.  To view the Shopatron privacy policy please visit: http://ecommerce.shopatron.com/privacy-policy.  Disclosure of Your Information. We may disclose aggregated information about our users without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy: To our subsidiaries and affiliates; To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Faber-Castell USA, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Faber-Castell USA, Inc. about our Website users is among the assets transferred; To fulfill the purpose for which you provide it; For any other purpose disclosed by us when you provide the information; or With your consent. We may also disclose your personal information: To comply with any court order, law or legal process, including to respond to any government or regulatory request; To enforce or apply our terms of use (located at www.fabercastell.com/company/terms-of-use) and other agreements, including for billing and collection purposes; or If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Faber-Castell USA, Inc., our customers or others. Choices About How We Use and Disclose Your Information. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. Communications from Faber-Castell.  If you wish to opt-out of receiving any future communication from us, including e-mail offers and updates, and would like to be removed from our database, please send your request to webmaster@fabercastell.com.  Please include the e-mail address that you originally sent to us.  This opt out does not apply to information provided to Faber-Castell as a result of a product purchase, product service experience or other transactions. Data Security. Faber-Castell must collect certain information in order to operate the Websites and to fulfill your requests or enable participation in certain online activities. We have implemented reasonable security measure designed to secure the personal information under our control from accidental loss and from unauthorized access, use, alteration and disclosure. We use industry-standard practices, such as encrypted storage and password protection systems, to safeguard the confidentiality of information. The third party Shopatron online shopping service used by the Websites has built-in security measures to protect your information from loss, misuse and alteration. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites. Changes to Our Privacy Policy. This policy may change from time to time.  It is our practice to post any changes we make to our privacy policy on this page.  Any changes or updates to the privacy policy are effective immediately upon posting to the Websites and your continued use of the Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. The date the privacy policy was last revised is identified at the bottom of this page. You are responsible for periodically visiting our Websites and this privacy policy to check for any changes. <p>("Faber-Castell USA, Inc." “Faber-Castell,” “we” or “us”)</p><p><br></p><p>Faber-Castell USA, Inc. respects your privacy and we are committed to protecting it through our compliance with this policy. </p><p><br></p><p>This policy describes the types of information we may collect from you or that you may provide when you visit the websites located at <a href="http://www.fabercastell.com" target="_blank"><strong>www.fabercastell.com</strong></a><strong>, <a href="http://www.fabercastell.webdamdb.com" target="_blank">www.fabercastell.webdamdb.com</a>, <a href="http://www.creativitycan.com" target="_blank">www.creativitycan.com</a>, <a href="http://www.creativity-connection.com" target="_blank">www.creativity-connection.com</a>, </strong><a href="http://www.creativityforkids.com" target="_blank"><strong>www.creativityforkids.com</strong></a><strong>, </strong><a href="http://www.designmemorycraft.typepad.com" target="_blank"><strong>www.designmemorycraft.typepad.com</strong></a> and <a href="http://www.graf-von-faber-castell.us" target="_blank"><strong>www.graf-von-faber-castell.us</strong></a> and all affiliated websites (our “<span>Websites</span>”)<strong><span> </span></strong>and our practices for collecting, using, maintaining, protecting and disclosing that information. </p><p>We have designed our Websites with parents and children in mind.  We appreciate and respect our visitors' concerns for their safety when personal information is shared with us.  We are committed to protecting the privacy and security of all personal information that is submitted to us.  We do not sell or share any information to third parties.  While we take reasonable measures to safeguard the confidential information that you provide, Faber-Castell has no liability for the disclosure of any information that is obtained due to transmission errors or for the disclosure of any information obtained by any unauthorized acts by third parties.</p><p>This policy applies to information we collect:</p><ul> <li>On our Websites;</li> <li>In e-mail, text and other electronic messages between you and our Websites; or</li> <li>Through mobile and desktop applications you download from our Websites, which provide dedicated non-browser-based interaction between you and our Websites.</li> </ul><p>It does not apply to information collected by:</p><ul> <li>us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or</li> <li>any third party (including our affiliates and subsidiaries).</li> </ul><p>Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using our Websites, you agree and consent to this privacy policy. This policy may change from time to time (see the section below entitled<span> </span><em>Changes to our Privacy Policy)</em>. Any changes or updates to the privacy policy are effective immediately upon posting to the Websites and your continued use of the Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.</p><p>If you wish to browse the Websites, you may generally do so anonymously.  There is no need to provide any personal information while browsing our Websites.  If you choose to contact us requesting assistance with products, product information or general questions we ask for your personal information on our contact us page. This information helps us process your inquiry and provide the best service possible. </p><p>Children Under the Age of 13.</p><p>We adhere to the Children's Online Privacy Protection Act (COPPA) on our Websites as well as offline.  A child’s privacy is important to us.  No one under age 13 may provide any personal information to or on our Websites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Websites or on or through any of the features on the Websites, make any purchases through the Websites, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.  Providing any personal information regarding a child, including the child’s name and age is strictly at the parent’s discretion.  At any time a parent can request to review their personal information and their child's personal information that they have submitted to us.  A parent may also ask to have it deleted by sending a request to<span> </span><a href="mailto:consumer@fabercastell.com"><strong>consumer@fabercastell.com</strong></a>.  If a visitor to the Websites is under the age of 18, they should read the privacy policy with their parents for guidance. </p><p>Information We Collect About You and How We Collect It.</p><p>We collect several types of information from and about users of our Websites, including information:</p><ul> <li>by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information the Websites collect that is defined as personal or personally identifiable information under an applicable law (“personal information”);</li> <li>that is about you but individually does not identify you, such as your such as your demographic, gender, location; and/or</li> <li>about your internet connection, the equipment you use to access our Websites and usage details.</li> </ul><p>We collect this information:</p><ul> <li>Directly from you when you provide it to us; and/or</li> <li>Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.</li> </ul><p><strong><span>Information You Provide to Us</span>.</strong><span> </span>The information we collect on or through our Websites may include:</p><ul> <li>Information that you provide by filling in forms on our Websites, which includes, but is not limited to, information provided at the time of subscribing to our service, or requesting further services (e.g., First Name, Last Name, Address, Phone Number);</li> <li>Information collected when you report a problem with our Websites;</li> <li>Records and copies of your correspondence (including e-mail addresses), if you contact us; and/or</li> <li>Details of transactions you carry out through our Websites and of the fulfillment of your orders (you may be required to provide financial information before placing an order through our Websites).</li> </ul><p><strong><span>Information We Collect Through Automatic Data Collection Technologies</span>.</strong><span> </span>As you navigate through and interact with our Website, we (or a third party designated by us) may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:</p><ul> <li>Details of your visits to our Websites, including traffic data, location data, logs and other communication data and the resources that you access and use on the Websites.</li> <li>Information about your computer and internet connection, including your IP address, the page(s) you request, the domain name of the website from which you may link to the Website, your computer operating system and browser type.</li> </ul><p>The information we (or a third party designated by us) collect automatically is statistical data and does not include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:</p><ul> <li>Estimate our audience size and usage patterns.</li> <li>Store information about your preferences, allowing us to customize our Websites according to your individual interests.</li> <li>Speed up your searches.</li> <li>Recognize you when you return to our Websites.</li> </ul><p>The technologies we (or a third party designated by us) use for this automatic data collection may include:</p><ul> <li> <strong>Cookies (or browser cookies).</strong> A cookie is a small file placed on the hard drive of your computer. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, assist our online merchants to track visits to and sales at our sites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns.  You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites.</li> <li> <strong>Flash Cookies.</strong> Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the section entitled <em>Choices about How We Use and Disclose Your Information</em> below.</li> <li> <strong>Web Beacons.</strong> Pages of our the Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Faber-Castell, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).  <strong>  </strong> </li> </ul><p>How We Use Your Information:</p><p>We may use information that we collect about you or that you provide to us, including any personal information:</p><ul> <li>When you submit your personal information to us unless you specify otherwise, you are entered into our consumer database.  You are then on our list to receive e-mails regarding our special promotional offers and new product introductions periodically.  We will not send you junk mailings or mail that contains pop ups, only information about our products and specials that are being offered;</li> <li>To present our Websites and its contents to you;</li> <li>To provide you with information that you request from us;</li> <li>To fulfill orders for products or services that you may place through the Websites or for any other purpose for which you provide it;</li> <li>To provide you with notices about your account;</li> <li>To notify you about changes to our Websites or any products or services we offer or provide though it;</li> <li>In any other way we may describe when you provide the information; or</li> <li>For any other purpose with your consent.</li> </ul><p>We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please indicate as such on the order form. For more information, see the section titled<span> </span><em>Choices About How We Use and Disclose Your Information<span> </span></em>below.</p><p>Online Ordering.</p><p>When you place an online order the following information is required to process and fulfill your order, send order confirmation and tracking information to you.  customer’s name, billing address, shipping address, e-mail address and credit card information.  Customers must be 18 years of age or older and must use a valid credit card to purchase products online.  In compliance with the Children's Online Privacy Protection Act (COPPA), we will not knowingly collect personal information from or provide our services to persons under the age of 18. All internet purchasing transactions are performed on Shopatron, a secure site operated by an un-affiliated third party company, Shopatron Inc.  To view the Shopatron privacy policy please visit:<span> </span><a href="http://ecommerce.shopatron.com/privacy-policy" target="_blank"><strong>http://ecommerce.shopatron.com/privacy-policy</strong></a>. </p><p>Disclosure of Your Information.</p><p>We may disclose aggregated information about our users without restriction.</p><p>We may disclose personal information that we collect or you provide as described in this privacy policy:</p><ul> <li>To our subsidiaries and affiliates;</li> <li>To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;</li> <li>To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Faber-Castell USA, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Faber-Castell USA, Inc. about our Website users is among the assets transferred;</li> <li>To fulfill the purpose for which you provide it;</li> <li>For any other purpose disclosed by us when you provide the information; or</li> <li>With your consent.</li> </ul><p>We may also disclose your personal information:</p><ul> <li>To comply with any court order, law or legal process, including to respond to any government or regulatory request;</li> <li>To enforce or apply our terms of use (located at <a href="http://www.fabercastell.com/company/terms-of-use" target="_blank"><strong>www.fabercastell.com/company/terms-of-use</strong></a>) and other agreements, including for billing and collection purposes; or</li> <li>If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Faber-Castell USA, Inc., our customers or others.</li> </ul><p>Choices About How We Use and Disclose Your Information.</p><p>We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:</p><ul> <li> <strong>Tracking Technologies and Advertising.</strong> You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.</li> <li> <strong>Communications from Faber-Castell.</strong>  If you wish to opt-out of receiving any future communication from us, including e-mail offers and updates, and would like to be removed from our database, please send your request to <a href="mailto:webmaster@fabercastell.com"><strong>webmaster@fabercastell.com</strong></a>.  Please include the e-mail address that you originally sent to us.  This opt out does not apply to information provided to Faber-Castell as a result of a product purchase, product service experience or other transactions.</li> </ul><p>Data Security.</p><p>Faber-Castell must collect certain information in order to operate the Websites and to fulfill your requests or enable participation in certain online activities. We have implemented reasonable security measure designed to secure the personal information under our control from accidental loss and from unauthorized access, use, alteration and disclosure. We use industry-standard practices, such as encrypted storage and password protection systems, to safeguard the confidentiality of information. The third party Shopatron online shopping service used by the Websites has built-in security measures to protect your information from loss, misuse and alteration.</p><p>Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.</p><p>Changes to Our Privacy Policy.</p><p>This policy may change from time to time.  It is our practice to post any changes we make to our privacy policy on this page.  Any changes or updates to the privacy policy are effective immediately upon posting to the Websites and your continued use of the Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. The date the privacy policy was last revised is identified at the bottom of this page. You are responsible for periodically visiting our Websites and this privacy policy to check for any changes.</p><p><br></p> 25000028330 666 25000009106 2017-06-22T18:34:02-04:00 25000121928 3 2 0 1 Privacy Policy 2017-06-22T18:34:02-04:00 25000121928 1 2017-07-12T12:03:24-04:00 1 0 WEBSITE TERMS OF USE Acceptance of the Terms of Use Welcome to the websites of Faber-Castell USA, Inc. ("Faber-Castell", "we" or "us"). The following terms and conditions (these "Terms of Use"), govern your access to and use of the websites located at www.fabercastell.com, www.creativitycan.com, www.creativity-connection.com, www.creativityforkids.com, www.designmemorycraft.typepad.com and www.graf-von-faber-castell.us and all affiliated websites (our “Websites”) and any of the content, functionality and services offered on or through the Websites.   Please read the Terms of Use carefully before you start to use the Websites. By using the Websites you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [www.fabercastell.com/company/privacy-policy], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.   Important Notice Regarding Claims and Agreement to Arbitrate Please note: these Terms contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Websites.  These are found in the Disclaimer of Warranties, Limitation of Liability and Indemnification and Arbitration Sections below. Please read these terms carefully and make sure that you understand them before continuing with your use of the Websites.  If you do not agree to such terms, please do not use the Websites. As part of the services we provide, you may be able to register for an account ("Account") and access the services offered via the Websites through your Account by means of an Internet connection or a wireless network (neither of which Faber-Castell provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity, including using another person's username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults (i.e., 18 years of age or older) and reside in the and reside in the United States or any of its territories or possessions.  The Websites are offered and available to users who are 18 years of age or older, however, if you are a parent or guardian, you may permit your child to use your Account instead of you, provided that parents and guardians are responsible for the activities of their child.  By using the Websites, you represent and warrant that you are of legal age to form a binding contract with Faber-Castell and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.   Changes to the Terms of Use We may revise and update these Terms of Use from time to time in our sole discretion without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you use the Websites. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in the Arbitration and Governing Law and Jurisdiction sections below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Websites.  Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.   Accessing the Websites and Account Security We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users. You are responsible for: Making all arrangements necessary for you to have access to the Websites. Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them. To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. You agree that all information you provide to register with the Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.   Intellectual Property Rights The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Faber-Castell, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.   These Terms of Use permit you to use the Websites for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows: Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. You must not: Modify copies of any materials from this site. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.  If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by Faber-Castell. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.   Trademarks The Faber-Castell name, the Faber-Castell logo and, except as otherwise noted, all other  trademarks, logos, service marks, product and service names, designs, slogans and trade names displayed on this site are registered and unregistered trademarks and trade names (“Trademarks”) that are owned or licensed by Faber-Castell, its subsidiaries or its affiliated companies.  You must not use such Trademarks without the prior written permission of Faber-Castell.  Where specifically indicated, the other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.   Use Restrictions You may use the Websites only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Websites: In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).  For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar  solicitation. To impersonate or attempt to impersonate Faber-Castell, a Faber-Castell employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm Faber- Castell or users of the Websites or expose them to liability. Additionally, you agree not to: Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites, including their ability to engage in real time activities through the Websites. Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites. Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Websites. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or  any server, computer or database connected to the Websites.  Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Websites.   User Contributions The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, mechanisms that permit you to submit pictures and other content you have created (e.g., our Project Gallery feature) and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.  By submitting a User Contribution, you represent and warrant that:  You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service  providers, and each of their and our respective licensees, successors and assigns. All of your User Contributions do and will comply with these Terms of Use.  You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Faber-Castell, have full  responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.  Monitoring and Enforcement; Termination We have the right to: Remove or refuse to post any User Contributions for any or no reason in our sole discretion. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such  User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public or could create liability for Faber-Castell. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.  Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of  Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website However, we do not undertake a duty to conduct a detailed review of all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  Content Standards These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not: Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise            objectionable. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal    liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. Be likely to deceive any person. Promote any illegal activity, or advocate, promote or assist any unlawful act. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.  Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. Copyright Infringement  If you believe that any User Contributions violate your copyright, please contact us at webmaster@fabercastell.com. and provide us with the following information: Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address). A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. A statement that the information in the written notice is accurate. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.  It is the policy of Faber-Castell to terminate the user accounts of repeat infringers.  Reliance on Information Posted The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. There may be information on the Websites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. Faber-Castell USA, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). The Websites may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Faber-Castell, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Faber-Castell. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Changes to the Websites We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.  Information About You and Your Visits to the Websites All information we collect on the Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  Online Purchases and Other Terms and Conditions All internet purchasing transactions are performed on a webpage hosted by Kibo Software, Inc. (formerly known as Shopatron Inc.), a secure site operated by an un-affiliated third party company.  All purchases through our site or other transactions for the sale of goods or services formed through the Websites or as a result of visits made by you are governed by the following terms, in addition to the policies applicable to the Kibo/Shopatron checkout process. A.     No Purchases by Minors By ordering a product online from Faber-Castell you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from us without parental or guardian permission, the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order. B.     Taxes Tax may be applied to your order if it ships from the same state or province as your shipping address. In this case, the order total that you see at checkout will be adjusted to add in the tax amount appropriate for your location. You can elect to be notified if tax applies to your order by e-mail at Step 2 of your Order Checkout process. C. Shipping and Handling Charges Purchases <$50.00 $5.95 Standard Ground Purchases > $50.00 Free Standard Ground Shipping (Excludes AK, HI, PR) AK, HI, PR $25.00 2nd Day Rush Orders $35.00 Next Day, $25.00 2nd Day Expedited shipments are available only if we are contacted directly and agree to expedite the order in advance. Charges are subject to Change without Notice. ** Sometimes, additional shipping and handling charges or taxes apply to an order, causing its actual total to exceed the amount that the consumer approved at checkout. In these cases, the order is placed on Waiting for Customer Acceptance status and Shopatron e-mails the consumer to inform them of the new amount. The consumer can either approve the new total, do nothing, or cancel the order. If the consumer approves the new total, Shopatron will process the customer's payment immediately. If the consumer does nothing, Shopatron automatically processes the customer's payment after one business day. If the consumer cancels the order, the order is not shipped and the customer is not charged. These consequences are communicated to the consumer via email. ***Items are not available for shipment outside the US.  D.        Returning Merchandise When you receive your order, the contact information of the Shopatron merchant shipper will be displayed in the paperwork. Please keep your paperwork in case you need to arrange for returns or exchanges, and read the instructions thoroughly for faster processing of returns. Also, please keep any emails you receive regarding your order, as they may contain important information. Your order must be returned to the merchant shipper in order to receive full product credit, your shipping costs will not be refunded. Contact the merchant shipper for help or assistance in processing a return. Merchandise will be accepted for return within 30 days of receipt. The merchandise must be in new and unused condition and in its original packaging. Defective Returns If the item you wish to return is inoperable, but has no apparent damage, it is considered defective. Defective merchandise should be returned directly to the manufacturer for warranty repair or replacement. Damaged Returns Damaged merchandise includes items that have been damaged in shipping. If a shipment arrives at your door with apparent shipping damage, please refuse the delivery. If you have already accepted delivery and then find shipping damage, please call the merchant shipper immediately. The contact information for the merchant shipper will be in the box. Save all packaging material and paperwork; do not throw anything away! If you attempt to return the merchandise yourself, you will jeopardize our chances of making a claim, and you may not receive credit for the return. Additional terms and conditions may also apply to specific portions, services or features of the Website, including online purchasing. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. Linking to the Websites and Social Media Features To request permission to link to one of the Websites, please contact us at webmaster@fabercastell.com.  Please include your name, company name, and website url.  The Websites may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on the Websites. Send e-mails or other communications with certain content, or links to certain content, on the Websites. Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: Establish a link from any website that is not owned by you. Cause the Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. Link to any part of the Websites other than the homepage. Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.  Links from the Websites We do not currently link to other websites. The functionality may be added in the future. If you are interested in requesting a link to your website, please contact us at webmaster@fabercastell.com. Please include your name, company name, website url and a brief explanation of the purpose for the link. If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Geographic Restrictions The owner of the Websites is based in the state of Ohio in the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Disclaimer of Warranties, Limitation of Liability and Indemnification  Disclaimer of Warranties.   We take reasonable steps to provide secure, timely, accurate and complete information on the Websites.  However, it is possible that information contained or made available on the Websites may be incorrect or not current.  Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Websites will be uninterrupted or error free or that the Websites, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion.   You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data. If you notice any errors or omissions in the information contained on the Websites or other concerns, please report them to us for investigation. YOUR USE OF THE WEBSITES AND THE CONTENT PROVIDED ON THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND THE CONTENT PROVIDED ON THE WEBSITES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEBSITES OR THE CONTENT PROVIDED ON THE WEBSITES, OR ANY HYPERLINKS ON THE WEBSITES TO OTHER INTERNET RESOURCES. Limitation of Liability.  FABER-CASTELL USA, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE “FABER-CASTELL PARTIES”) SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY CONTENT PROVIDED ON THE WEBSITES, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED ON THE WEBSITES OR YOUR PROVISION OF USER INFORMATION OR USER CONTRIBUTIONS TO THE WEBSITES, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE FABER-CASTELL PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT.  NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.  Indemnification.  You agree to defend, indemnify and hold harmless the Faber-Castell Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your  use of the Websites’ content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.  The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law. Arbitration THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER. To the fullest extent permitted by law, by using the Websites, you agree that if a dispute arises between you and the Faber-Castell Parties regarding these Terms or Use or the Websites, BOTH YOU AND THE FABER-CASTELL PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION.  ANY ARBITRATION COMMENCED BETWEEN YOU AND THE FABER-CASTELL PARTIES MUST BE ARBITRATED IN OHIO. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.  THIS MEANS NEITHER YOU NOR THE FABER-CASTELL PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE.  The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Faber-Castell Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights. RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.   Governing Law and Jurisdiction All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule. For any claims not subject to Arbitration, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Cleveland and County of Cuyahoga,  although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Limitation on Time to File Claims TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  Waiver and Severability No waiver by Faber-Castell of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Faber-Castell to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect to the maximum extent permitted by law.  Entire Agreement The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Faber-Castell with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.  Your Comments and Concerns The Websites are operated by Faber-Castell USA, Inc. located at 9450 Allen Dr, Cleveland, OH 44125.  All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: consumer@fabercastell.com.  Thank you for visiting the Websites. Rev. August 2016 <p><strong>WEBSITE TERMS OF USE<br></strong></p><p><strong>Acceptance of the Terms of Use</strong></p><p>Welcome to the websites of Faber-Castell USA, Inc. ("Faber-Castell", "we" or "us"). The following terms and conditions (these "Terms of Use"), govern your access to and use of the websites located at <a href="http://www.fabercastell.com" rel="noreferrer">www.fabercastell.com</a>, <a href="http://www.creativitycan.com" rel="noreferrer">www.creativitycan.com</a>, <a href="http://www.creativity-connection.com" rel="noreferrer">www.creativity-connection.com</a>, <a href="http://www.creativityforkids.com" rel="noreferrer">www.creativityforkids.com</a>, <a href="http://www.designmemorycraft.typepad.com" rel="noreferrer">www.designmemorycraft.typepad.com</a> and <a href="http://www.graf-von-faber-castell.us" rel="noreferrer">www.graf-von-faber-castell.us</a> and all affiliated websites (our “Websites”) and any of the content, functionality and services offered on or through the Websites.</p><p> </p><p>Please read the Terms of Use carefully before you start to use the Websites. By using the Websites you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [<a href="http://www.fabercastell.com/company/privacy-policy" rel="noreferrer">www.fabercastell.com/company/privacy-policy</a>], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.</p><p> </p><p><strong>Important Notice Regarding Claims and Agreement to Arbitrate</strong></p><p>Please note: these Terms contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Websites.  These are found in the Disclaimer of Warranties, Limitation of Liability and Indemnification and Arbitration Sections below. Please read these terms carefully and make sure that you understand them before continuing with your use of the Websites.  If you do not agree to such terms, please do not use the Websites.</p><p><br></p><p><br></p><p>As part of the services we provide, you may be able to register for an account ("Account") and access the services offered via the Websites through your Account by means of an Internet connection or a wireless network (neither of which Faber-Castell provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity, including using another person's username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults (i.e., 18 years of age or older) and reside in the and reside in the United States or any of its territories or possessions.  The Websites are offered and available to users who are 18 years of age or older, however, if you are a parent or guardian, you may permit your child to use your Account instead of you, provided that parents and guardians are responsible for the activities of their child.  By using the Websites, you represent and warrant that you are of legal age to form a binding contract with Faber-Castell and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.</p><p> </p><p><strong>Changes to the Terms of Use</strong></p><p>We may revise and update these Terms of Use from time to time in our sole discretion without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you use the Websites. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in the Arbitration and Governing Law and Jurisdiction sections below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Websites.<span> </span></p><p><br></p><p>Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.</p><p> </p><p><strong>Accessing the Websites and Account Security</strong></p><p>We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.</p><p>You are responsible for:</p><ul> <li>Making all arrangements necessary for you to have access to the Websites.</li> <li>Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.</li> </ul><p><br></p><p>To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. You agree that all information you provide to register with the Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.</p><p>If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.</p><p>We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.</p><p> </p><p><strong>Intellectual Property Rights</strong></p><p>The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Faber-Castell, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.</p><p> </p><p>These Terms of Use permit you to use the Websites for your personal, non-commercial use only. </p><p><br></p><p>You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:</p><ul> <li style="text-align: left;">Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.</li> <li style="text-align: left;">You may store files that are automatically cached by your Web browser for display enhancement purposes.</li> <li style="text-align: left;">If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.</li> </ul><p><br></p><p>You must not:</p><ul> <li>Modify copies of any materials from this site.</li> <li>Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.</li> <li>Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.</li> </ul><p><br></p><p>You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.<span> </span></p><p>If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by Faber-Castell. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.</p><p> </p><p><strong>Trademarks</strong></p><p>The Faber-Castell name, the Faber-Castell logo and, except as otherwise noted, all other  trademarks, logos, service marks, product and service names, designs, slogans and trade names displayed on this site are registered and unregistered trademarks and trade names (“Trademarks”) that are owned or licensed by Faber-Castell, its subsidiaries or its affiliated companies.  You must not use such Trademarks without the prior written permission of Faber-Castell.  Where specifically indicated, the other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.</p><p> </p><p><strong>Use Restrictions</strong></p><p>You may use the Websites only for lawful purposes and in accordance with these Terms of Use. </p><p><br></p><p>You agree not to use the Websites:</p><ul> <li>In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).<span> </span> </li> <li>For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.</li> <li>To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar  solicitation.</li> <li>To impersonate or attempt to impersonate Faber-Castell, a Faber-Castell employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).</li> <li>To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm Faber- Castell or users of the Websites or expose them to liability.</li> <li>Additionally, you agree not to:</li> <li>Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites, including their ability to engage in real time activities through the Websites.</li> <li>Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.</li> <li>Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.</li> <li>Use any device, software or routine that interferes with the proper working of the Websites.</li> <li>Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.</li> <li>Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or  any server, computer or database connected to the Websites.<span> </span> </li> <li>Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.</li> <li>Otherwise attempt to interfere with the proper working of the Websites.</li> </ul><p> </p><p><strong>User Contributions</strong></p><p>The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, mechanisms that permit you to submit pictures and other content you have created (e.g., our Project Gallery feature) and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.</p><p><br></p><p>All User Contributions must comply with the Content Standards set out in these Terms of Use.</p><p><br></p><p>Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.<span> </span></p><p><br></p><p>By submitting a User Contribution, you represent and warrant that:<span> </span></p><ul> <li>You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service  providers, and each of their and our respective licensees, successors and assigns.</li> <li>All of your User Contributions do and will comply with these Terms of Use.<span> </span> </li> <li>You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Faber-Castell, have full  responsibility for such content, including its legality, reliability, accuracy and appropriateness.</li> <li>We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.<span> </span> </li> </ul><p><br></p><p><strong>Monitoring and Enforcement; Termination</strong></p><p>We have the right to:</p><ul> <li>Remove or refuse to post any User Contributions for any or no reason in our sole discretion.</li> <li>Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such  User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public or could create liability for Faber-Castell.</li> <li>Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.</li> <li>Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.<span> </span> </li> <li>Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of  Use.</li> </ul><p>Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website</p><p><br></p><p>However, we do not undertake a duty to conduct a detailed review of all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.<span> </span></p><p><br></p><p><strong>Content Standards</strong></p><p>These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. </p><p>Without limiting the foregoing, User Contributions must not:</p><ul> <li>Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise            objectionable.</li> <li>Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.</li> <li>Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.</li> <li>Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal    liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.</li> <li>Be likely to deceive any person.</li> <li>Promote any illegal activity, or advocate, promote or assist any unlawful act.</li> <li>Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.</li> <li>Impersonate any person, or misrepresent your identity or affiliation with any person or organization.<span> </span> </li> <li>Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.</li> <li>Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.</li> </ul><p><br></p><p><strong>Copyright Infringement</strong></p><p> If you believe that any User Contributions violate your copyright, please contact us at webmaster@fabercastell.com. and provide us with the following information:</p><ul> <li>Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.</li> <li>Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.</li> <li>Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).</li> <li>A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.</li> <li>A statement that the information in the written notice is accurate.</li> <li>A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.</li> </ul><p>PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.<span> </span></p><p><br></p><p>It is the policy of Faber-Castell to terminate the user accounts of repeat infringers.<span> </span></p><p><br></p><p><strong>Reliance on Information Posted</strong></p><p>The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. There may be information on the Websites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. Faber-Castell USA, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).</p><p><br></p><p>The Websites may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Faber-Castell, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Faber-Castell. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.</p><p><br></p><p><strong>Changes to the Websites</strong></p><p>We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.<span> </span></p><p>Information About You and Your Visits to the Websites</p><p>All information we collect on the Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.<span> </span></p><p><br></p><p><strong>Online Purchases and Other Terms and Conditions</strong></p><p>All internet purchasing transactions are performed on a webpage hosted by Kibo Software, Inc. (formerly known as Shopatron Inc.), a secure site operated by an un-affiliated third party company.  All purchases through our site or other transactions for the sale of goods or services formed through the Websites or as a result of visits made by you are governed by the following terms, in addition to the policies applicable to the Kibo/Shopatron checkout process.</p><p><br></p><p>A.     No Purchases by Minors</p><p><br></p><p>By ordering a product online from Faber-Castell you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from us without parental or guardian permission, the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.</p><p><br></p><p>B.     Taxes</p><p><br></p><p>Tax may be applied to your order if it ships from the same state or province as your shipping address. In this case, the order total that you see at checkout will be adjusted to add in the tax amount appropriate for your location. You can elect to be notified if tax applies to your order by e-mail at Step 2 of your Order Checkout process.</p><p><br></p><p>C. Shipping and Handling Charges</p><p>Purchases &lt;$50.00 $5.95 Standard Ground</p><p>Purchases &gt; $50.00 Free Standard Ground Shipping</p><p>(Excludes AK, HI, PR)</p><p><br></p><p>AK, HI, PR $25.00 2nd Day</p><p><br></p><p>Rush Orders $35.00 Next Day, $25.00 2nd Day</p><p>Expedited shipments are available only if we are contacted directly and agree to expedite the order in advance.</p><p>Charges are subject to Change without Notice.</p><p><br></p><p>** Sometimes, additional shipping and handling charges or taxes apply to an order, causing its actual total to exceed the amount that the consumer approved at checkout. In these cases, the order is placed on Waiting for Customer Acceptance status and Shopatron e-mails the consumer to inform them of the new amount. The consumer can either approve the new total, do nothing, or cancel the order.</p><p><br></p><p>If the consumer approves the new total, Shopatron will process the customer's payment immediately. If the consumer does nothing, Shopatron automatically processes the customer's payment after one business day. If the consumer cancels the order, the order is not shipped and the customer is not charged. These consequences are communicated to the consumer via email.</p><p><br></p><p>***Items are not available for shipment outside the US.<span> </span></p><p><br></p><p>D.        Returning Merchandise</p><p><br></p><p>When you receive your order, the contact information of the Shopatron merchant shipper will be displayed in the paperwork. Please keep your paperwork in case you need to arrange for returns or exchanges, and read the instructions thoroughly for faster processing of returns. Also, please keep any emails you receive regarding your order, as they may contain important information.</p><p><br></p><p>Your order must be returned to the merchant shipper in order to receive full product credit, your shipping costs will not be refunded. Contact the merchant shipper for help or assistance in processing a return.</p><p><br></p><p>Merchandise will be accepted for return within 30 days of receipt. The merchandise must be in new and unused condition and in its original packaging.</p><p><br></p><p>Defective Returns</p><p>If the item you wish to return is inoperable, but has no apparent damage, it is considered defective. Defective merchandise should be returned directly to the manufacturer for warranty repair or replacement.</p><p><br></p><p>Damaged Returns</p><p>Damaged merchandise includes items that have been damaged in shipping. If a shipment arrives at your door with apparent shipping damage, please refuse the delivery. If you have already accepted delivery and then find shipping damage, please call the merchant shipper immediately. The contact information for the merchant shipper will be in the box. Save all packaging material and paperwork; do not throw anything away! If you attempt to return the merchandise yourself, you will jeopardize our chances of making a claim, and you may not receive credit for the return.</p><p><br></p><p>Additional terms and conditions may also apply to specific portions, services or features of the Website, including online purchasing. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.</p><p><br></p><p><strong>Linking to the Websites and Social Media Features</strong></p><p>To request permission to link to one of the Websites, please contact us at webmaster@fabercastell.com.  Please include your name, company name, and website url.<span> </span></p><p>The Websites may provide certain social media features that enable you to:</p><ul> <li>Link from your own or certain third-party websites to certain content on the Websites.</li> <li>Send e-mails or other communications with certain content, or links to certain content, on the Websites.</li> <li>Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.</li> </ul><p><br></p><p>You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:</p><ul> <li>Establish a link from any website that is not owned by you.</li> <li>Cause the Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.</li> <li>Link to any part of the Websites other than the homepage.</li> <li>Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Use.</li> </ul><p>You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.</p><p>We may disable all or any social media features and any links at any time without notice in our discretion.<span> </span></p><p><br></p><p><strong>Links from the Websites</strong></p><p>We do not currently link to other websites. The functionality may be added in the future. If you are interested in requesting a link to your website, please contact us at webmaster@fabercastell.com. Please include your name, company name, website url and a brief explanation of the purpose for the link.</p><p>If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.</p><p>Geographic Restrictions</p><p>The owner of the Websites is based in the state of Ohio in the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.</p><p><br></p><p><strong>Disclaimer of Warranties, Limitation of Liability and Indemnification </strong></p><p>Disclaimer of Warranties.  </p><p>We take reasonable steps to provide secure, timely, accurate and complete information on the Websites.  However, it is possible that information contained or made available on the Websites may be incorrect or not current.  Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Websites will be uninterrupted or error free or that the Websites, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion.   You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data.</p><p>If you notice any errors or omissions in the information contained on the Websites or other concerns, please report them to us for investigation.</p><p>YOUR USE OF THE WEBSITES AND THE CONTENT PROVIDED ON THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND THE CONTENT PROVIDED ON THE WEBSITES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEBSITES OR THE CONTENT PROVIDED ON THE WEBSITES, OR ANY HYPERLINKS ON THE WEBSITES TO OTHER INTERNET RESOURCES.</p><p><br></p><p>Limitation of Liability. </p><p>FABER-CASTELL USA, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE “FABER-CASTELL PARTIES”) SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY CONTENT PROVIDED ON THE WEBSITES, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED ON THE WEBSITES OR YOUR PROVISION OF USER INFORMATION OR USER CONTRIBUTIONS TO THE WEBSITES, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE FABER-CASTELL PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT.  NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.<span> </span></p><p><br></p><p>Indemnification. </p><p>You agree to defend, indemnify and hold harmless the Faber-Castell Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your  use of the Websites’ content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.<span> </span></p><p>The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.</p><p><br></p><p><strong>Arbitration</strong></p><p>THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.</p><p><br></p><p>To the fullest extent permitted by law, by using the Websites, you agree that if a dispute arises between you and the Faber-Castell Parties regarding these Terms or Use or the Websites, BOTH YOU AND THE FABER-CASTELL PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION.  ANY ARBITRATION COMMENCED BETWEEN YOU AND THE FABER-CASTELL PARTIES MUST BE ARBITRATED IN OHIO. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.  THIS MEANS NEITHER YOU NOR THE FABER-CASTELL PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE.  The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Faber-Castell Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.</p><p><br></p><p>RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: <a href="https://www.adr.org" rel="noreferrer">https://www.adr.org</a>.  </p><p><br></p><p><strong>Governing Law and Jurisdiction</strong></p><p>All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.</p><p><br></p><p>For any claims not subject to Arbitration, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Cleveland and County of Cuyahoga,  although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.</p><p><br></p><p><strong>Limitation on Time to File Claims</strong></p><p>TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.<span> </span></p><p><br></p><p><strong>Waiver and Severability</strong></p><p>No waiver by Faber-Castell of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Faber-Castell to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.</p><p>If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect to the maximum extent permitted by law.<span> </span></p><p><br></p><p><strong>Entire Agreement</strong></p><p>The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Faber-Castell with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.<span> </span></p><p><br></p><p><strong>Your Comments and Concerns</strong></p><p>The Websites are operated by Faber-Castell USA, Inc. located at 9450 Allen Dr, Cleveland, OH 44125.<span> </span></p><p>All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: consumer@fabercastell.com.<span> </span></p><p>Thank you for visiting the Websites.</p><p>Rev. August 2016</p><p><br></p> 25000028330 461 25000010903 2017-07-12T12:12:14-04:00 25000121928 4 2 1 0 Terms & Conditions 2017-07-12T12:12:14-04:00 25000121928