Legal

Terms of Use

Last updated 8-28-07

This website is provided by Cut-N-Crown(tm) (collectively referred to as CUT-N-CROWN). CUT-N-CROWN is a Corporation licensed and operating in the state of Michigan.

You Agree to These Terms by Using this Site

Your access to, and use of, this Website (collectively referred to as the "Site") is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and CUT-N-CROWN are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately, not use the files herein, and/or not subscribe to this service.

Limitations of Use

The information and materials on this website are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing CUT-N-CROWN services and products, or for your personal use of any tools and downloads available on this site. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this website for any commercial, non-commercial or any other purpose not outlined in this agreement.

Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by CUT-N-CROWN in accordance with the CUT-N-CROWN Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, CUT-N-CROWN neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, CUT-N-CROWN assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER CUT-N-CROWN, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Third Party Disclaimer

CUT-N-CROWN may provide hyperlinks to third party websites or other resources solely for your convenience. CUT-N-CROWN does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, CUT-N-CROWN specifically disclaims any responsibility if such sites:

infringe any third party's intellectual property rights;
are inaccurate, incomplete or misleading;
are not merchantable or fit for a particular purpose;
do not provide adequate security;
contain viruses or other items of a destructive nature; or
are libelous or defamatory.

Neither does CUT-N-CROWN endorse the content, or any products or services available, on such sites. If you visit such sites or establish a link to such sites or the Site, you do so at your own risk and without the permission of CUT-N-CROWN.

Copyright

Any Content downloaded by you from this website, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as the "Content") is licensed to you by CUT-N-CROWN. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.

This website contains copyrighted materials, animations, photographs, images, videos, footage, text, music, and sounds (collectively referred to as the "Content") which is owned by CUT-N-CROWN or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.

If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us at admin@cutncrown.com.

Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:

into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

CUT-N-CROWN does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

Revisions to the Terms

CUT-N-CROWN may at any time, and without notice, revise this Terms of Use statement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use statement.

Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Oakland County, Michigan, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

Privacy Policy

Cut-N-Crown (CUT-N-CROWN) respects individual privacy and values the confidence of its customers, employees, vendors, consumers, business partners and others. CUT-N-CROWN strives to collect, use, and disclose personal information in a manner consistent with the laws of the countries in which it does business, and has a tradition of upholding the highest ethical standards in its business practices. CUT-N-CROWN abides by the Safe Harbor Principles developed by the U.S. Department of Commerce and the European Commission and the Frequently Asked Questions (F.A.Q.) issued by the Department of Commerce on July 21, 2000. This Safe Harbor Privacy Policy (the "Policy") sets forth the privacy principles that CUT-N-CROWN follows with respect to transfers of personal information anywhere in the world, including transfers from the European Economic Area (EEA) (which includes the twenty-five member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) to the United States.

I. SAFE HARBOR

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable US companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the US Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect personal privacy, CUT-N-CROWN adheres to the Safe Harbor Principles.

II. SCOPE

This Policy applies to all personal information received by CUT-N-CROWN in any format including electronic, paper or verbal. CUT-N-CROWN collects and processes personal information concerning current and former employees and their respective family members, as well as applicants for employment through its Internet websites, its intranet site, electronic mail and manually. CUT-N-CROWN is the sole owner of information it collects from current and former employees, applicants for employment, customers, vendors and others. CUT-N-CROWN will not sell or share this information with third parties in ways different than what is disclosed in this Policy. On a global basis, CUT-N-CROWN will, and will cause its affiliates to, establish and maintain business procedures that are consistent with this Policy.

Personal information collected by CUT-N-CROWN from prospective customers, consumers, vendors, business partners and others may be maintained at its corporate offices in Farmington Hills, Michigan or at other CUT-N-CROWN facilities. CUT-N-CROWN collects personal information for, among other things, legitimate business reasons such as customer service; product, warranty and claims administration; meeting governmental reporting and records requirements; maintenance of accurate accounts payable and receivable records; internal marketing research; safety and performance management; financial and sales data; and contact information. All personal information collected by CUT-N-CROWN will be used for legitimate business purposes consistent with this Policy.

III. DEFINITIONS

For purposes of this Policy, the following definitions shall apply:

"Agent" means any third party that uses personal information provided by CUT-N-CROWN to perform tasks on behalf of, or at the instruction of, CUT-N-CROWN.

"CUT-N-CROWN" means Cut-N-Crown, Inc., its predecessors, successors, subsidiaries, divisions and groups.

"Personal information" means any information or set of information that identifies or could be used by or on behalf of CUT-N-CROWN to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.

"Sensitive personal information" means personal information that reveals race, ethnic origin, trade union membership, or that concerns health. In addition, CUT-N-CROWN will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

IV. PRIVACY PRINCIPLES

The privacy principles in this Policy are based on the seven Safe Harbor Principles.

(1) NOTICE: Where CUT-N-CROWN collects personal information directly from individuals, it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which CUT-N-CROWN discloses that information, and the choices and means, if any, CUT-N-CROWN offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to CUT-N-CROWN, or as soon as is practicable thereafter, and in any event before CUT-N-CROWN uses the information for a purpose other than that for which it was originally collected. CUT-N-CROWN may disclose personal information if required to do so by law or to protect and defend the rights or property of CUT-N-CROWN.

(2) CHOICE: CUT-N-CROWN will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, CUT-N-CROWN will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

CUT-N-CROWN will provide individuals with reasonable mechanisms to exercise their choices should requisite circumstances arise.

(3) DATA INTEGRITY: CUT-N-CROWN will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. CUT-N-CROWN will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete and current.

(4) TRANSFERS TO AGENTS: CUT-N-CROWN will obtain assurances from its Agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by Agents include: a contract obligating the Agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the Agent, or being subject to another European Commission adequacy finding (e.g., companies located in Switzerland). Where CUT-N-CROWN has knowledge that an Agent is using or disclosing personal information in a manner contrary to this Policy, CUT-N-CROWN will take reasonable steps to prevent or stop the use or disclosure. CUT-N-CROWN holds it Agents accountable for maintaining the trust our employees and customers place in the company.

(5) ACCESS AND CORRECTION: Upon request, CUT-N-CROWN will grant individuals reasonable access to personal information that it holds about them. In addition, CUT-N-CROWN will take reasonable steps to permit individuals to correct, amend or delete information that is demonstrated to be inaccurate or incomplete. Any individual that desires to review or update their personal information can do so contacting Entertainment America at (xxx) xxx-xxxx.

(6) SECURITY: CUT-N-CROWN will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. CUT-N-CROWN protects data in many ways. Physical security is designed to prevent unauthorized access to database equipment and hard copies of sensitive personal information. Electronic security measures continuously monitor access to our servers and provide protection from hacking or other unauthorized access from remote locations. This protection includes the use of firewalls, restricted access and encryption technology. CUT-N-CROWN limits access to personal information and data to those persons in CUT-N-CROWN's organization, or as agents of CUT-N-CROWN, that have a specific business purpose for maintaining and processing such personal information and data. Individuals who have been granted access to personal information are aware of their responsibilities to protect the security, confidentiality and integrity of that information and have been provided training and instruction on how to do so.

(7) ENFORCEMENT: CUT-N-CROWN will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy and the US Department of Commerce Safe Harbor Principles. Any employee that CUT-N-CROWN determines is in violation of this Policy will be subject to disciplinary action up to and including termination of employment.

V. DISPUTE RESOLUTION

Any questions or concerns regarding the use or disclosure of personal information should be directed to the CUT-N-CROWN Privacy Office at the address given below. CUT-N-CROWN will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between CUT-N-CROWN and the complainant, CUT-N-CROWN has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.

VI. INTERNET PRIVACY

CUT-N-CROWN sees the Internet, intranets and the use of other technologies as valuable tools for communicating and interacting with consumers, employees, vendors, business partners and others. CUT-N-CROWN recognizes the importance of maintaining the privacy of personal information collected through websites that it operates. CUT-N-CROWN's sole purpose for operating its websites is to provide information concerning products and services to the public. In general, visitors can reach CUT-N-CROWN on the Web without revealing any personal information. Visitors on the Web may elect to voluntarily provide personal information via CUT-N-CROWN websites but are not required to do so. CUT-N-CROWN collects information from visitors to the websites who voluntarily provide personal information by filling out and submitting online questionnaires concerning feedback on the website, requesting information on products or services, or seeking employment. The personal information voluntarily provided by website users is contact information limited to the user's name, home and/or business address, phone numbers and email address. CUT-N-CROWN collects this information so it may answer questions and forward requested information. CUT-N-CROWN does not sell or share this information with non-agent third parties.

CUT-N-CROWN may also collect anonymous information concerning website users through the use of "cookies" in order to provide better customer service. "Cookies" are small files that websites place on users' computers to identify the user and enhance the website experience. None of this information is reviewed at an individual level. Visitors may set their browsers to provide notice before they receive a cookie, giving the opportunity to decide whether to accept the cookie. Visitors can also set their browsers to turn off cookies. If visitors do so, however, some areas of the CUT-N-CROWN website may not function properly.

CUT-N-CROWN website users have the option to request that CUT-N-CROWN not use information previously provided, correct information previously provided, or remove information previously provided to CUT-N-CROWN. Those that would like to correct or suppress information they have provided to CUT-N-CROWN should forward such inquiries to:

Entertainment America's Information here

The inquiries should include the individual's name, address, and other relevant contact information (phone number, email address). CUT-N-CROWN will use all reasonable efforts to honor such requests as quickly as possible.

CUT-N-CROWN websites may contain links to other "non-CUT-N-CROWN" websites. CUT-N-CROWN assumes no responsibility for the content or the privacy policies and practices on those websites. CUT-N-CROWN encourages all users to read the privacy statements of those sites; their privacy practices may differ from those of CUT-N-CROWN.

VII. CHANGES TO THIS SAFE HARBOR PRIVACY POLICY

The practices described in this Policy are current personal data protection policies as of February 21, 2006. CUT-N-CROWN reserves the right to modify or amend this Policy at any time consistent with the requirements of the Safe Harbor Principles. Appropriate public notice will be given concerning such amendments.