TERMS AND CONDITIONS AGREEMENT

If you’re an advertiser, click here for the terms and conditions applicable to your agreement.

PLEASE REVIEW THE TERMS CAREFULLY, PARTICULARLY SECTIONS III.C. AND III.E. APPLICABLE TO SUBSCRIPTION AUTOMATIC RENEWALS.

Read this Terms and Conditions Agreement (“Agreement”) before using any of the following sites:

www.goldenpeakmedia.com
www.interweave.com
www.wetcanvas.com
www.southwestart.com
www.collectorsguide.com
www.quiltingdaily.com
www.craftdaily.com
www.sewdaily.com
www.artistsnetwork.com  (collectively, the “Sites”)
Your access to and use of the Sites is provided and all sales made through the Sites are subject to this Agreement. By using any part of a Site or making a purchase through a Site, you (“you” or “Purchaser”) agree to these terms and conditions.

The Sites are owned and operated by Peak Media Properties, LLC dba Golden Peak Media (“Golden Peak Media”). Golden Peak Media would like to thank you for visiting the Sites.

Effective Date: This Agreement was last updated on, and is effective as of December 22, 2020.

You are not permitted to use this Site if You are under the age of 13.

I. Jurisdiction

These Sites, including their information, services, and content, are intended for use within the United States. Golden Peak Media makes no representation that the Sites, including their information, services, and content, are appropriate or available for use in other locations. Those who choose to access the Sites from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent applicable.

II. Registered User Account

All registered users (“Users”) of any of the Sites must be over the age of 18, and shall receive a password and an account (“Account”). Each User is entirely responsible for any and all activities which occur under his or her Account whether authorized or unauthorized. User agrees to notify Golden Peak Media of any unauthorized use of User’s Account or any other breach of security known or which should be known to the User. User’s right to use the Site is personal to the User. User agrees not to resell or make any commercial use of the Site without Golden Peak Media’s express written consent.

III. Terms of Sale

Each purchase of Golden Peak Media products, including digital products, subscriptions, or other goods through the Sites (“Products”), is expressly made conditional on a purchaser’s assent to this Agreement. Purchasers must be over 18. Golden Peak Media agrees to furnish Products only upon the terms and conditions of this Agreement, including without limitation, the following:

A. Orders. All orders are subject to this Agreement. Golden Peak Media may decline any order for any reason. Golden Peak Media’s acceptance of any order is limited to the terms of this Agreement. Additional terms and conditions on any other document will have no effect. This Agreement may only be modified by a written agreement signed by an authorized Golden Peak Media representative. You consent to the transfer of your email address(es) when such transfer is required to complete a transaction, as set forth in Golden Peak Media’s Privacy Statement https://goldenpeakmedia.com/privacy-statement-us You may only place orders via any Golden Peak Media-approved ordering method. Golden Peak Media has no obligation to confirm the validity of any order placed or the authority of the person placing an order through any Golden Peak Media Site. You bear all risk of unauthorized purchases by third parties or unauthorized persons using Purchaser’s payment method, password, or other credentials used to identify you. You may not change, cancel, or reschedule any orders without Golden Peak Media’s written consent. Any materially different terms from those described in this Agreement will be disclosed at the time of purchase or in other communications provided by Golden Peak Media. Registered Users can find specific details regarding a subscription by logging into his Account. Golden Peak Media reserves the right to change or terminate any offered subscriptions or promotions at any time.

B. Taxes. You are responsible for all applicable fees and all federal, state, municipal, and other government taxes on the sale and delivery of Products.

C. AUTOMATICALLY RENEWING SUBSCRIPTIONS.
Subscriptions, which may start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order (“Billing Period”) unless and until you cancel the subscription or we terminate it. For promotional periods of less than one month, you will not receive a notice from Golden Peak Media that the promotional period is ending. You can pay for an automatically renewing subscription in U.S. dollars with a major credit card (“Payment Method”) or select the “Bill Me” option, to the extent such option is offered for a particular purchase. If you have created an Account, you may edit a Payment Method by logging in to your Account. Otherwise, you may edit the Payment Method by calling the customer service number associated with your subscription. By ordering a subscription, you authorize Golden Peak Media to charge you the subscription fee then in effect at the beginning of each Billing Period, plus applicable taxes, to your Payment Method. Golden Peak Media will charge the subscription fee at the start of your subscription or, if applicable, at the end of your free trial period, and will automatically charge the rate then in effect on the first calendar day of each Billing Period thereafter unless and until your subscription is cancelled. You acknowledge that the amount charged each Billing Period may vary for reasons that may include the expiration of promotional rates, price changes, changes to your subscription, or changes in applicable taxes, and you authorize Golden Peak Media to charge your Payment Method for such varying amount each Billing Period. For subscriptions of one year or longer, Golden Peak Media will notify you of the next Billing Period charge, including all applicable taxes and fees, approximately 45 days prior to the credit charge, or renewal date if you have selected “Bill Me.” You will have up to one business day to cancel or the Payment Method will be charged. Golden Peak Media reserves the right to change the timing of billing, in particular, in the event your Payment Method has not successfully settled. If your Payment Method is declined for a recurring payment of your subscription fee or if you selected “Bill Me” and have not paid by the time the subscription renews, you have three days to provide us a new Payment Method or make payment or your subscription will be canceled.

D. One-Time Purchases. When you purchase a stand-alone product, such as a gift subscription, we will charge your Payment Method at the time of purchase.

E. CANCELLATIONS AND REFUNDS. You can cancel your subscription at any time. You must cancel your subscription at least one day before it renews each Billing Period to avoid charging of the next Billing Period’s subscription fees to your Payment Method. If you cancel during a Bill Period, you will (1) receive a refund for all unmailed magazines, or (2) for digital subscriptions, you will be able to access the content for the remainder of the Bill Period but will not receive a refund. Any purchases of a subscription through a third party are subject to that third party’s cancellation policies and procedures.

F. Remedies. In the event of your default under this Agreement, Golden Peak Media shall have available all rights and remedies at law or in equity. You agree to pay Golden Peak Media all costs and expenses, including attorneys’ fees, incurred by Golden Peak Media in exercising any of its rights and remedies. No failure on the part of Golden Peak Media to exercise and no delay in exercising any right or remedy shall operate as a waiver thereof. No waiver by Golden Peak Media of any default shall constitute a waiver by Golden Peak Media of any additional or subsequent default.

IV. Your Responsibilities

You acknowledge that you are responsible for whatever material you submit or is submitted through your Account, including its legality, reliability, appropriateness, originality, or copyright. If Golden Peak Media makes available a discussion group or bulletin board on this Site, you warrant that your use of such features is for lawful purposes only, as outlined below.

By placing or downloading material on the Site, including intellectual property, documents, text, images, audio files or other audio-visual content to the Site (“User Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (b) the User Content will not cause injury to any person or entity.

Without limitation, you may not submit to or transmit through this Site any material, or otherwise engage in any conduct that:

(a) violates or infringes the rights of Golden Peak Media or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;

(b) is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to Golden Peak Media or other uses of the Site;

(c) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;

(d) collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;

(e) impersonates any person, business or entity, including Golden Peak Media, and Golden Peak Media’s employees and agents;

(f) misrepresents your affiliation with a person or entity;

(g) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

(h) attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;

(i) transmits spam, bulk or unsolicited communications or posts third-party advertisements;

(j) that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;

(k) violates this Agreement, guidelines, or any policy Golden Peak Media posts on the Site; or

(l) disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use the Site.

You acknowledge that Golden Peak Media has the right (but not the obligation), in Golden Peak Media’s sole discretion, to view, move, remove, block, edit, or refuse any Content, including User Content, for any reason, including, without limitation, that such User Content violates this Agreement or is otherwise objectionable.

V. Rights in your Content; Unsolicited Information and Ideas

For content that is covered by intellectual property rights, like photos, videos, and audio (“IP content”), you specifically grant Golden Peak Media a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Site (“IP License”) subject to any other written agreements signed by Golden Peak Media. This IP License ends when you delete your IP content or your Account unless your content has been shared with others and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

Any communications you send to Golden Peak Media or its Site by e-mail or any other means are not confidential and Golden Peak Media is under no obligation to refrain from reproducing, publishing (except for Personal Information, as defined in Golden Peak Media’s Privacy Statement https://goldenpeakmedia.com/privacy-statement-us), or otherwise using them in any way or for any purpose. Golden Peak Media shall be free, but is under no obligation, to use the content of any such communications, including any ideas, inventions, concepts, or techniques for any purpose, including development, manufacture, market, and sale.

VI. Copyright and Trademark Information

All content posted to the Site by or at the direction of Golden Peak Media, including names, images, logos and pictures identifying services of Golden Peak Media or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the property of Golden Peak Media protected by intellectual property rights. Except for personal non-commercial use of materials on the Site, any use, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Golden Peak Media, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part or all of the Site or the content contained therein without prior written permission of an authorized officer of Golden Peak Media.

Golden Peak Media™ and Golden Peak Media logos and other trademarks are proprietary marks of Golden Peak Media and may not be used in connection with any product or service that is not provided by Golden Peak Media, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits us. Nothing contained herein shall be construed as conferring any license or right under any Golden Peak Media patent, copyright or trademark.

All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Golden Peak Media or the Site.

VII. DISCLAIMER OF WARRANTIES.

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GOLDEN PEAK MEDIA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE EXCLUSIVE REMEDIES UNDER THE APPLICABLE WARRANTY ARE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS.

GOLDEN PEAK MEDIA IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITES OR ANY OF THE PRODUCTS PURCHASED FROM GOLDEN PEAK MEDIA. THE MATERIALS AND PRODUCTS ARE PROVIDED “AS IS.” GOLDEN PEAK MEDIA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT.

GOLDEN PEAK MEDIA MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED FROM THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; or (c) ANY ERRORS IN THE SITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

SUBJECT TO GOLDEN PEAK MEDIA’S PRIVACY STATEMENT, GOLDEN PEAK MEDIA MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS AND HAS NO OBLIGATION TO RETAIN ANY DATA OR INFORMATION AFTER THE TERMINATION OF YOUR ACCOUNT OR REGISTRATION. YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY AND ALL DATA OR INFORMATION YOU POST OR SUBMIT TO THE SITE AND GOLDEN PEAK MEDIA HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.

VIII. LIMITATION OF LIABILITY.

IN NO EVENT WILL GOLDEN PEAK MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE OR PURCHASES MADE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF GOLDEN PEAK MEDIA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) LATE SHIPMENT OR DELIVERY, OR DAMAGE TO GOODS IN TRANSIT (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (e) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (f) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE.

IN NO EVENT WILL GOLDEN PEAK MEDIA’S LIABILITY OR THE LIABILITY OF GOLDEN PEAK MEDIA’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE PRODUCTS THAT GIVE RISE TO THE CLAIM.

FORCE MAJEURE: GOLDEN PEAK MEDIA SHALL NOT BE LIABLE FOR ANY ACTIONS OR FAILURE TO ACT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, OR DUE TO ACTS OF GOD, ACTS OF PURCHASER, ACTS OF CIVIL OR MILITARY AUTHORITY, PRIORITIES, FIRES, STRIKES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, WAR, RIOTS, DELAYS IN TRANSPORTATION, CAR SHORTAGES, AND INABILITY DUE TO CAUSES BEYOND ITS REASONABLE CONTROL TO OBTAIN NECESSARY LABOR, MATERIALS, OR PROCESSING FACILITIES.

THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

IX. Indemnification

You agree to indemnify and hold Golden Peak Media, its parents, predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, due to or arising out of: your use of the Site; your unsanctioned or unauthorized use or installation of any Products, your misuse of any Products, or your use or installation of any Products in a way that does not conform to this Agreement or any applicable instructions, including without limitation, use or installation that may void any applicable warranty hereunder; your violation of this Agreement; or your (or other user of the Site using your computer or Account) infringement of any intellectual property or any other right of any person or entity.

X. Termination

Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site. Golden Peak Media also reserves the right, in Golden Peak Media’s sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.

XI. Privacy Policy

Our Privacy Policy explains the practices that apply to your information. The Privacy Policy is fully incorporated herein by reference. Your ongoing use of this Site signifies your consent to the information practices disclosed in Golden Peak Media’s Privacy Statement https://goldenpeakmedia.com/privacy-statement-us.

XII. Third-Party Sites

Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Golden Peak Media is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Golden Peak Media is not responsible for your use of said third-party sites. Golden Peak Media encourages you to review said privacy policies of third-party sites.

XIII. Governing Jurisdiction of the Courts in the State of Ohio

This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Hamilton County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of Ohio or its counterpart state court. The United Nations Convention for the International Sale of Goods shall not be applicable to this Agreement. You agree to litigate solely on an individual basis, and that this Agreement does not permit class action litigation or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding, and you expressly waive all such rights to bring or participate in class action. In the event the prohibition on class action litigation is deemed invalid or unenforceable, then the remaining portions of this provision will remain in force.

XIV. Entire Agreement

This Agreement represents the entire agreement between you and us. No agent or other person is authorized to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement.

XV. Botnets

Golden Peak Media retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Golden Peak Media reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Golden Peak Media’s discretion.

XVI. Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in Golden Peak Media’s sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement relating to your participation as a User unless expressly agreed to in writing signed by Golden Peak Media.
Subject to Golden Peak Media’s Privacy Statement, you acknowledge and agree that Golden Peak Media may preserve and disclose any account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of this Agreement; (c) to render service you request; (d) to protect Golden Peak Media’s rights or property; or (e) in circumstances that Golden Peak Media deems, in its sole discretion, to pose a threat to the safety of you or others.

XVII. Modifications and Interruption to Service

Golden Peak Media reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Sites. Your continued acceptance of magazine issues per a subscription or use of the Sites, or purchases made after amendments are posted constitutes an acknowledgement and acceptance of the Agreement, its modifications, and modifications to any subscriptions. Except as expressly stated herein, this Agreement may not be amended.
Golden Peak Media reserves the right to modify or discontinue the Sites with or without notice. Golden Peak Media shall not be liable to you or any third party should Golden Peak Media exercise its right to modify or discontinue the Site. You acknowledge and accept that Golden Peak Media does not guarantee continuous, uninterrupted, or secure access to the Sites and operation of the Sites may be interfered with or adversely affected by numerous factors or circumstances outside of Golden Peak Media’s control.