Please read these Terms of Use carefully before using this site. By using this site, you signify your assent to these Terms of Use. This site is owned and operated by Busy Bee Designers ("Busy Bee")

These Terms of Use (as amended from time to time the "Agreement") sets forth the legally binding terms for your use of Busy Bee. By using Busy Bee, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Busy Bee Website) or you are a "Member" (which means that you have registered with Busy Bee). The term "User" refers to a Visitor or a Member. If you do not accept and abide by this Agreement, you may not use the Busy Bee service. You must be at least thirteen (13) years of age to use the Busy Bee service.

This Agreement includes Busy Bee' policy for acceptable use, your rights, obligations and restrictions regarding your use of Busy Bee services and Busy Bee's Privacy Policy. Busy Bee may modify this Agreement from time to time without notice and such modification shall be effective upon posting on the Busy Bee Website. You agree to be bound to any changes to this Agreement when you use the Busy Bee Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Membership

When you register as a Member, you will create a username and password. The username selected must be unique and acceptable to Busy Bee, and each member may only have one member name. No username may contain any store name, tradename, website domain name, or company name. Anonymous accounts are prohibited and Busy Bee may delete any such account in its sole discretion. Members are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under the username and password. Busy Bee reserves the right to delete or refuse the registration of any account at any time for any or no reason or to refuse service to anyone at anytime without notice for any reason.

You agree that you are responsible for your own use of the Busy Bee service, for any posts you make, and for any consequences thereof. You agree that you will use the Busy Bee service in compliance with applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States & Canadian export control laws.

Content Limitations and Liability

Prohibited Content includes, but is not limited to, Content that Busy Bee determines in its sole discretion:

• contains any advertising or soliciting including without limitation, advertisements, store announcements, for sale or trade, coupons, sales, consultants, and eBay postings. Links or references to other sites or stores are not permitted. We reserve the right to delete any thread or posting containing any of these mentioned prohibitions. Accounts may be deleted without warning due to this infraction;
• is obscene or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
  contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  provides any private and confidential information such as names, telephone numbers, street addresses, credit card numbers, Social Insurance Numbers or Social Security Numbers;
• infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
• contains any viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
• interferes with the ability of others to enjoy our site.

Unauthorized Use

You also agree to be respectful of Busy Bee and its staff and other posters.

Links or pointers to Internet websites maintained by others are "third party sites" and are meant for convenience only. Busy Bee has no control over such sites and resources and is not responsible for the availability of such external sites or resources and does not endorse and assumes no responsibility or liability for any content, advertising, products or materials on or available from such sites or resources. You are free to establish a hypertext link to Busy Bee so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner. Without our prior written consent, you may not frame, or in-line link to, any of the content of our sites, or incorporate into any other website or service any of our intellectual property.

Designer Information and Liabilty

Busy Bee reserves the right to reveal your identity (or whatever information we know about you) in the following limited circumstances: (i) we have your consent to share the information, (ii) we need to share the information to provide a product or service you have requested, (iii) in response to subpoenas, court orders or legal process including in the event of a complaint or legal action arising from any message posted by you, or (iv) the health or well-being of you or another member or visitor is threatened.

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.

By using the Busy Bee Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Busy Bee does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES SHALL Busy Bee OR ITS AFFILIATES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON Busy Bee' SERVICES OR FROM THE USE OR PURCHASE OF PRODUCTS PURCHASED THROUGH THE Busy Bee' WEBSITE, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Busy Bee OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Busy Bee SERVICES, FROM INABILITY TO USE THE Busy Bee SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Busy Bee SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Busy Bee WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE TWO WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Busy Bee WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Busy Bee WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF Busy Bee' SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Busy Bee' SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

By using the Busy Bee Website, you acknowledge and accept these terms.

Clarifications

Under the TOU:

*Supporting your fellow scrapbooking designers, by name, is allowed. Use of Busy Bee resources to promote competing internet sites is not allowed. This includes:

• Hyperlinks to competing sites or blogs that specifically promote competing sites, whether in message board posts, user signatures, or gallery postings.
• Using the PeaMail system to contact potential customers. Using PeaMail to advertise or redirect customers is unacceptable.
• Mention of competing sites in the titles of Gallery postings.

* To clarify, a site is considered a Competing Site if it:

• Sells scrapbooking products of any kind, even if it isn't a product carried here at Busy Bee in a Bucket (since it might be something we plan to carry).
• Has a scrapbook message board forum or user gallery.
• Sells digital elements or kits.
• Offers free digital elements or kits.
• Sells fonts.
• Offers free fonts.

Here are several specific examples to clarify these usage rules:

Allowed:

* "Designer XYZ has a great boy-themed kit that might fit what you are looking for."
* "I really like Designer XYZ's embellishment kits."
* Gallery Title: 'All Elements by Jane Doe.'
* "I love the font thisfont!"

Not Allowed:

* "Heads' up: There's a HUGE sale at XXX Store!!"
* "You would not BELIEVE what I found at onlinescrapbookstore.com!"
* "Store X has what you are looking for."
* "If you want to know where thisproduct is in stock, Peamail me."
* "You should check out digitalstore.com to find that kit."
* "I think you can find Designer XYZ at Digital Store dot com."
* Gallery Title: 'All elements by Jane Doe at Digital Scrapbook Store.'
* "You can get thisfont at XYZ Font Store dot com."
* "E-mail me to find out where to get thisfont!"

COPYRIGHT AND TRADEMARK LEGAL NOTICE

The images of products displayed on this website are copyrighted and trademarked by their respective owners and are displayed with the express permission of the copyright and trademark owners. Any reproduction without express permission from the copyright or trademark owner is a violation of law and is prohibited. Busy Bee Deisigners ("Busy Bee") and the developers of this site disclaim all liability related to the unauthorized copying, reproduction or other misuse of the images and products displayed.

If you believe that your work has been copied and is accessible on the Busy Bee website in a way that constitutes copyright infringement, you may notify Busy Bee by providing Busy Bee' copyright agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 3. identification of the URL or other specific location on the Busy Bee' site where the material that you claim is infringing is located; 4. your address, telephone number, and, if available, e-mail address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Pursuant to Section 512(c)(2) of the Copyright Revision Act (17 U.S.C. Section 512), as enacted through the Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to Busy Bee' designated agent as described below:

Service provider:
Busy Bee Designers
Box 4407
Barrhead, Alberta, Canada T7N 1A3

PRIVACY NOTICE

Your privacy is very important to Busy Bee. We do not sell or rent your personal information to third parties for their marketing purposes, although this information may be shared with our parent and sister corporations for marketing and promotional purposes, however, you may elect not to receive such offers. To change your subscription preferences, visit "Edit My Profile" from "My Busy Bee" Home. Or simply click the unsubscribe link located in every email to stop receiving email promotions. Please read this privacy policy to learn more about the ways in which we use and protect your personal information. We want you to fully understand our privacy practices.

Our purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose.

In general, you can browse the Busy Bee website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the Busy Bee website. Where possible, we indicate which fields are required and which fields are optional.

We use data collection devices such as "cookies" on certain pages of the site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser. Personal information cannot be collected via cookies and other tracking technology, however, if personally identifiable information was previously provided, cookies may be tied to such information. Aggregate, but not individual, cookie and tracking information may be shared with third parties.

Busy Bee respects your privacy and will not share your personally identifiable information collected at this site with third parties except for the following limited instances: (i) we have your consent to share the information, (ii) we need to share the information to provide a product or service you have requested, (iii) in response to subpoenas, court orders or legal process including in the event of a complaint or legal action arising from any message posted by you, or (iv) the health or well-being of you or another member is threatened. We may also share your information with our affiliates, however, you will always have the opportunity to opt-in or opt-out of receiving any mailings from such affiliates. Busy Bee may sometimes share "general" information about our site visitors with our advertisers, potential partners, or other third parties. This information will only be provided in the aggregate. .

We reserve the right to modify this Privacy Policy from time to time without notice. Please review the Privacy Policy from time to time so that you will be apprised of any changes.

Downloadable Products

FONT SOFTWARE END USER LICENSE AGREEMENT

This Busy Bee End User Agreement (the "Agreement") becomes a binding contract between you and Kaboose Scrapbook LLC ("Busy Bee") if you do not wish to be bound by the Agreement, you cannot access, use or download the Font Software. Please read all of the Agreement before you agree to be bound by its terms and conditions.

You hereby agree to the following:

I. You are bound by the Agreement and you acknowledge that all Use of the Font Software supplied to you by Busy Bee is governed by the Agreement.

II. "Busy Bee" as used herein shall mean collectively Busy Bee, its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party which has licensed to Busy Bee any or all of the components of the Font Software supplied to you pursuant to the Agreement.

III. "Font Software" as used herein shall mean software which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all image representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.

IV. "Personal Use" shall mean Use of the Font Software for your customary personal purposes and shall not mean any distribution whatsoever of the Font Software or any component or Derivative Work thereof. "Personal Use" shall not include any Use of the Font Software by persons that are not members of your immediate household. All such household members shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can have Use of the Font Software.

V. The Commercial Use of Font Software is strictly prohibited. This shall include, but is not limited to, any tangible item (ex: electronic book or magazine, stationary) distributed for a fee, any business form or sign, a ticket for an event, a receipt for the purchase of tangible goods or any use of Font Software that would be perceived as for Commercial Use, in any capacity.

VI. You are hereby granted a non-exclusive, non-assignable, non-transferable license to access the Font Software (i) only in a Licensed Unit, (ii) only for your Personal Use, and (iii) only subject to all of the terms and conditions of the Agreement. You have no rights to the Font Software other than as expressly set forth in the Agreement. You agree that Busy Bee owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. All rights not expressly granted in the Agreement are expressly reserved to Busy Bee.

VII. You may electronically distribute Font Software embedded in a "Personal Use" document only when the Font Software embedded in such document (i) is in a static graphic image (for example, a "gif") or an embedded electronic document, and (ii) is distributed in a secure format that permits only the viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic image or embedded document. You may not embed Font Software in an electronic document or data file for any reason other than your own Personal Use.

VIII. You may not alter Font Software for the purpose of adding any functionality which such Font Software did not have when delivered to you by Busy Bee.

IX. You acknowledge that the Font Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You agree to treat the Font Software as you would any other copyrighted material. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Font Software. You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Busy Bee. You may not change any trademark or trade name designation for the Font Software.

X. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof.

XI. IN NO EVENT WILL Busy Bee BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF Busy Bee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF Busy Bee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

XII. You have the rights expressly set forth in the Agreement and no other. All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Busy Bee or by an authorized dealer acting on behalf of Busy Bee.

DIGITAL KIT SOFTWARE END USER LICENSE AGREEMENT

This Busy Bee End User Agreement (the "Agreement") becomes a binding contract between you and Busy Bee Designers ("Busy Bee") if you do not wish to be bound by the Agreement, you cannot access, use or download the Digital Kit Software. Please read all of the Agreement before you agree to be bound by its terms and conditions.

You hereby agree to the following:

I. You are bound by the Agreement and you acknowledge that all Use of the Digital Kit Software supplied to you by Busy Bee is governed by the Agreement.

II. "Busy Bee" as used herein shall mean collectively Busy Bee, its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party which has licensed to Busy Bee any or all of the components of the Digital Kit Software supplied to you pursuant to the Agreement.

III. "Digital Kit Software" as used herein shall mean software which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Digital Kit Software shall include all image representations of typeface and typographic designs and ornaments created by or derived from the Digital Kit Software. Digital Kit Software includes upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.

IV. "Personal Use" shall mean Use of the Digital Kit Software for your customary personal purposes and shall not mean any distribution whatsoever of the Digital Kit Software or any component or Derivative Work thereof. "Personal Use" shall not include any Use of the Digital Kit Software by persons that are not members of your immediate household. All such household members shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can have Use of the Digital Kit Software.

V. The Commercial Use of Digital Kit Software is strictly prohibited. This shall include, but is not limited to, any tangible item (ex: electronic book or magazine, stationary) distributed for a fee, any business form or sign, a ticket for an event, a receipt for the purchase of tangible goods or any use of Digital Kit Software that would be perceived as for Commercial Use, in any capacity.

VI. You are hereby granted a non-exclusive, non-assignable, non-transferable license to access the Digital Kit Software (i) only in a Licensed Unit, (ii) only for your Personal Use, and (iii) only subject to all of the terms and conditions of the Agreement. You have no rights to the Digital Kit Software other than as expressly set forth in the Agreement. You agree that Busy Bee owns all right, title and interest in and to the Digital Kit Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. All rights not expressly granted in the Agreement are expressly reserved to Busy Bee.

VII. You may electronically distribute Digital Kit Software embedded in a "Personal Use" document only when the Digital Kit Software embedded in such document (i) is in a static graphic image (for example, a "gif") or an embedded electronic document, and (ii) is distributed in a secure format that permits only the viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic image or embedded document. You may not embed Digital Kit Software in an electronic document or data file for any reason other than your own Personal Use.

VIII. You may not alter Digital Kit Software for the purpose of adding any functionality which such Digital Kit Software did not have when delivered to you by Busy Bee.