SILHOUETTE AMERICA ONLINE STORE TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

SILHOUETTE AMERICA, Inc. ("SILHOUETTE AMERICA", "we", "us", "our") makes available to you (the user) our library of images and fonts (Digital Designs) subject to these Terms of Service, which may be modified from time to time in our sole discretion, with or without notice to you. If, however, you have committed to make payments (or already have made payments) to access the SILHOUETTE Online Store for a specific period of time when a change in these Terms of Service is implemented, the change will not become effective with respect to you until the relevant period of commitment has passed. The current version of our Terms of Service can be found at: http://www.silhouetteamerica.com/terms.aspx.

Your use of the SILHOUETTE Online Store, now or in the future, indicates acceptance of the then-current Terms of Service. You agree to abide by all of the Terms of Service, as the same may be revised from time to time. SILHOUETTE AMERICA may offer other services from time to time that may be governed by additional or different terms.

2. DESCRIPTION OF SERVICES

SILHOUETTE AMERICA provides you access to the SILHOUETTE Online Store so long as your account is active. Such access, together with the right to download Digital Designs for your personal use and all related services, as the same may be modified, revised, updated, enhanced, or supplemented by SILHOUETTE AMERICA from time to time, are referred to in these Terms of Service as the "Service."

SILHOUETTE AMERICA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Digital Designs in the SILHOUETTE Online Store are made available in SILHOUETTE AMERICA's sole discretion and will change from time to time. SILHOUETTE AMERICA does not make any commitment to you that the Service will include particular Digital Designs or that any particular Digital Designs will be made available (or will continue to be available) to you for download.

3. SUBSCRIPTION OPTIONS

There are four ways to subscribe for the Services:

If you select the "Pay as you go" option, you are authorized to download any Digital Design from the SILHOUETTE Online Store at any time by paying the applicable per-Design charge. By selecting and downloading a Digital Design, you agree to pay the associated per-Design charge, which is indicated near the Digital Design or posted on a separate schedule of fees, and you authorize SILHOUETTE AMERICA to charge your account balance or credit or debit card for each download. Under the "Pay as you go" option, you are not obligated for any periodic fees or any minimum number of purchases, and there is no limit to the number of Digital Designs you may download. You are only obligated to pay for the Digital Designs you choose to download.

If you select the "Basic Subscription" option, you are allotted a monthly balance of 25 credits (denominated as $25) usable for the purchase of digital designs from the SILHOUETTE Online Store provided that your subscription remains active. By selecting this option you authorize SILHOUETTE AMERICA to charge your debit/credit card monthly according to the associated subscription fee indicated in the applicable schedule of fees. Your subscription year is measured from the date on which you sign up under the "Basic Subscription" option, and the subscription month runs from the day of the month on which you first sign up under the "Basic Subscription" option to the same day of each following month (or to the last day of a following month if you first paid a subscription fee on the 29th, 30th, or 31st of a month and a following month has fewer than 29, 30, or 31 days). By selecting the "Basic Subscription" option, you agree to pay subscription fees for an entire subscription year, regardless of the number of Digital Designs you download and regardless of whether you elect to pay subscription fees monthly or in a single annual payment. The "Basic Subscription" does not limit you to $25 of downloads, rather it apportions you that balance at the beginning of each month (according to your payment schedule). Subscription credits expire 60 days from the time of allowance while your subscription remains active. Once your subscription has expired and has not been renewed, all subscription credits will be forfeited. You may download Digital Designs in excess of the monthly limit in any subscription month by paying the applicable per-Design fee. By selecting and downloading a Digital Design in any subscription month after your account balance has been depleted, you agree to pay the associated per-Design fee, which is indicated near the Digital Design or posted on a separate schedule of fees, and you authorize SILHOUETTE AMERICA to charge your credit or debit card for each download.

If you select the "Deluxe Subscription" option, you are allotted a monthly balance of 50 credits (denominated as $50) usable for the purchase of digital designs from the SILHOUETTE Online Store provided that your subscription remains active. By selecting this option you authorize SILHOUETTE AMERICA to charge your debit/credit card monthly according to the associated subscription fee indicated in the applicable schedule of fees. Your subscription year is measured from the date on which you sign up under the "Deluxe Subscription" option, and the subscription month runs from the day of the month on which you first sign up under the "Deluxe Subscription" option to the same day of each following month (or to the last day of a following month if you first paid a subscription fee on the 29th, 30th, or 31st of a month and a following month has fewer than 29, 30, or 31 days). By selecting the "Deluxe Subscription" option, you agree to pay subscription fees for an entire subscription year, regardless of the number of Digital Designs you download and regardless of whether you elect to pay subscription fees monthly or in a single annual payment. The "Deluxe Subscription" does not limit you to $50 of downloads, rather it apportions you that balance at the beginning of each month (according to your payment schedule). Subscription credits expire 60 days from the time of allowance while your subscription remains active. Once your subscription has expired and has not been renewed, all subscription credits will be forfeited. You may download Digital Designs in excess of the monthly limit in any subscription month by paying the applicable per-Design fee. By selecting and downloading a Digital Design in any subscription month after your account balance has been depleted, you agree to pay the associated per-Design fee, which is indicated near the Digital Design or posted on a separate schedule of fees, and you authorize SILHOUETTE AMERICA to charge your credit or debit card for each download.

If you select the "Premium Subscription" option, you are allotted a monthly balance of 150 credits (denominated as $150) usable for the purchase of digital designs from the SILHOUETTE Online Store provided that your subscription remains active. By selecting this option you authorize SILHOUETTE AMERICA to charge your debit/credit card monthly according to the associated subscription fee indicated in the applicable schedule of fees. Your subscription year is measured from the date on which you sign up under the "Premium Subscription" option, and the subscription month runs from the day of the month on which you first sign up under the "Premium Subscription" option to the same day of each following month (or to the last day of a following month if you first paid a subscription fee on the 29th, 30th, or 31st of a month and a following month has fewer than 29, 30, or 31 days). By selecting the "Premium Subscription" option, you agree to pay subscription fees for an entire subscription year, regardless of the number of Digital Designs you download and regardless of whether you elect to pay subscription fees monthly or in a single annual payment. The "Premium Subscription" does not limit you to $150 of downloads, rather it apportions you that balance at the beginning of each month (according to your payment schedule). Subscription credits expire 60 days from the time of allowance while your subscription remains active. Once your subscription has expired and has not been renewed, all subscription credits will be forfeited. You may download Digital Designs in excess of the monthly limit in any subscription month by paying the applicable per-Design fee. By selecting and downloading a Digital Design in any subscription month after your account balance has been depleted, you agree to pay the associated per-Design fee, which is indicated near the Digital Design or posted on a separate schedule of fees, and you authorize SILHOUETTE AMERICA to charge your credit or debit card for each download.

4. USE OF SOFTWARE AND DIGITAL DESIGNS

You acknowledge that the software used in conjunction with the SILHOUETTE Online Store and all of the Digital Designs in the SILHOUETTE Online Store are protected by U.S. and international copyrights owned by SILHOUETTE AMERICA or its licensors. SILHOUETTE AMERICA grants you a personal, non-transferable, and non-exclusive right and license to use such software and the Digital Designs that you download and pay for under these Terms of Service. This right and license is limited to your own personal use. You may not copy any Digital Designs for any other person or to a computer or storage device that you do not own. You may not transfer Digital Designs to another person for any reason. When a Digital Design is used to create a cut-out shape or design, SILHOUETTE AMERICA retains a copyright in the cut-out shape or design and the use, copying, and transfer of such cut-outs is governed by the terms of this paragraph. Any commercial use of SILHOUETTE AMERICA Digital Designs or of cut-outs created using SILHOUETTE AMERICA Digital Designs is permitted only in accordance with SILHOUETTE AMERICA's Commercial Use Policy.

5. SILHOUETTE AMERICA CONTROL OVER CONTENT

SILHOUETTE AMERICA does not guarantee that all Digital Designs (or any particular Digital Designs) will remain available through the Service. SILHOUETTE AMERICA may modify the content of the SILHOUETTE Online Store in its sole discretion. Once a Digital Design is properly downloaded to your personal computer, however, you control the Digital Design and may continue to use it indefinitely, subject only to the provisions of paragraph 4 of these Terms of Service.

6. USER ACCOUNT, PASSWORD, AND SECURITY

As a condition of using the Service, you agree to: (i) provide accurate, current, and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the registration data to keep it accurate, current and complete.

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

7. SILHOUETTE AMERICA COLLECTION AND USE OF PERSONAL DATA

The SILHOUETTE AMERICA Privacy Policy protects your personal identity data from disclosure, and SILHOUETTE AMERICA agrees to comply with all aspects of the Privacy Policy. All data that is not personally identifying may be used, disclosed, manipulated, aggregated, disaggregated, sold, shared, or distributed by SILHOUETTE AMERICA for any purpose.

8. ACCOUNT ACTIVITY

Your account will remain active until it is terminated by SILHOUETTE AMERICA or canceled by you via telephone or email request to SILHOUETTE AMERICA customer service.

9. TERMINATION BY SILHOUETTE AMERICA

SILHOUETTE AMERICA shall have the right to terminate your password, account, or use of the Service (or any part thereof), at any time in its sole discretion, with or without cause and with or without prior notice. If you already have paid subscription fees for any subscription month under the Limited Subscription or the Unlimited Subscription and SILHOUETTE AMERICA terminates your access to the Service during or prior to that subscription month, SILHOUETTE AMERICA will promptly return the subscription fees you have paid for that month. If you have paid subscription fees for an entire subscription year under the Limited Subscription or the Unlimited Subscription and SILHOUETTE AMERICA terminates your access to the Service during the subscription year, SILHOUETTE AMERICA will return a prorated portion of the subscription fees, based on the portion of the subscription year remaining as of the date of termination. Except as provided in the preceding two sentences, SILHOUETTE AMERICA shall not be liable to you for any termination of your access to the Service.

10. CANCELLATION BY YOU

You have the right to cancel your account at any time, whereupon SILHOUETTE AMERICA will have the right immediately to terminate your access to the Service. Upon cancellation, you will not be entitled to a refund of any fees paid by you under any circumstances. If your access to the Services is not terminated immediately and you download any Digital Designs after you have given notice of cancellation, you agree to pay the applicable per-Design charge for each Digital Design you download.

If you have selected the "Basic Subscription", "Deluxe Subscription", or the "Premium Subscription" option and you are obligated for monthly subscription fees for all or any part of your remaining subscription year, you are obligated for all remaining subscription fees at the time of cancellation, which shall become payable immediately; provided, however that you may pay a cancellation fee equal to six (6) times your monthly subscription fee in lieu of remaining subscription fees if the cancellation fee is less.

11. TRADEMARKS

The name "SILHOUETTE AMERICA", the SILHOUETTE logo, "Silhouette", and other SILHOUETTE AMERICA trademarks, services marks, and logos are owned by SILHOUETTE AMERICA and may not be used in connection with any other product or service or in any manner that is not approved in writing by SILHOUETTE AMERICA.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SILHOUETTE AMERICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. SILHOUETTE AMERICA DOES NOT WARRANT THAT THIS SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SILHOUETTE AMERICA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE SERVICE MAY BE UNAVAILABLE AT TIMES BECAUSE OF COMPUTER PROBLEMS, INTERRUPTIONS IN INTERNET SERVICE, INTERRUPTIONS IN PHONE SERVICE, WEATHER CONDITIONS, OR OTHER CAUSES.

SILHOUETTE AMERICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. NOTICE

Notices to you may be made via either email or regular mail. We may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Service or by providing them in a splash or other format upon or during your login to the Service.

14. GENERAL MATTERS

These Terms of Service, together with any supplements, policies, or scheduled of fees published by SILHOUETTE AMERICA or provided to you by SILHOUETTE AMERICA, constitute the entire agreement between you and SILHOUETTE AMERICA and govern your use of the Service. They supersede any and all prior oral agreements or other communications between you and SILHOUETTE AMERICA pertaining to any of the matters covered by these Terms of Service. These Terms of Service and the relationship between you and SILHOUETTE AMERICA shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and SILHOUETTE AMERICA agree to submit to the personal and exclusive jurisdiction of the courts located in the state of Utah. The failure of SILHOUETTE AMERICA to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related in any way to the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.