Cricut Certified Educator
Terms and Conditions
These Cricut Certified Educator Terms and Conditions together with any documents, policies, or terms they incorporate by reference (“Terms”) are entered into by and between you and Cricut, Inc. (“Cricut”, “we”, “our”, or “us”). For purposes of these Terms, “you” refers to the individual taking part in, participating in, using, accessing, advertising, or informing others about the Cricut Certified Educator Program (defined below). These Terms also govern your use of the Certified Educator Badge (as outlined below).
-
General. In order to further advance our mission to “help people lead creative lives”, we have chosen to institute the Cricut Certified Educator Program to provide adult educators with the literacy and skills needed to use Cricut to inspire learning, promote creative expression, and build community (the “Certified Educator Program”). In connection with the Certified Educator Program, and its corresponding “Cricut Certified Educator Badge”, we reserve the right to impose certain instructional, coursework, training, and/or educational requirements (“Program Requirements”) provided through various applications, mobile applications, functionalities, content, materials, interactive services, websites, or other services provided by Cricut (together with the Cricut Certified Educator Badge, collectively, “Certified Educator Program Content”). Upon your successful completion and ongoing certification requirements (as applicable), and conditioned on your adherence to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, nontransferable license to access and use the Certified Educator Program Content in accordance with these Terms. You have no right, title, or interest in or to the Certified Educator Program Content, other than the rights expressly granted in these Terms. You may not copy, modify, alter, tamper with, repair, or otherwise create derivative works of the Certified Educator Program Content, and you may not sell, license, assign, or distribute Certified Educator Program Content. As between Cricut and you, we own and reserve all right, title, and interest (including intellectual property rights) in and to the Certified Educator Program Content. All licenses granted to you are conditional on your continued compliance with these Terms and will immediately and automatically terminate if you do not comply with these Terms.
The Cricut Certified Educator program is voluntary, and no payment is required to participate. You understand and agree that Cricut may at any time and within its sole discretion suspend or terminate the program. In such case, the license granted here under will terminate and you may no longer use or display the Cricut Certified Educator Badge or promote yourself as a Cricut Certified Educator.
2. Access.You are responsible for all activities that occur under your Certified Educator Program account and you will not authorize any third party to access or use your account or Certified Educator Badge. You may access and use the Certified Educator Program for educational purposes only, including to develop Cricut Product proficiency and professional skills for yourself.
3. Relationship with Cricut. You understand that the Certified Educator Program does not create an employee relationship between you and Cricut and you shall not be affiliated with Cricut as an agent of the company. You acknowledge and agree that you have no authority to enter into contracts that bind Cricut or create obligations on the part of Cricut. You acknowledge and agree that you are not eligible for any Cricut employee benefits. You further agree to indemnify, defend, and hold Cricut and its officers, directors, employees, and affiliates harmless from any liability for, or assessment of, any claims or penalties with respect to your use of the Certified Educator Program or the Certified Educator Badge.
4. Use of Products. YOU UNDERSTAND THE VAST MAJORITY OF CRICUT’S PRODUCTS ARE MANUFACTURED FOR “ADULT USE ONLY” AND ARE SPECIFICALLY NOT INTENDED FOR USE BY CHILDREN TWELVE (12) YEARS OF AGE AND YOUNGER OR BY PERSONS WITH REDUCED PHYSICAL, SENSORY OR COGNITIVE CAPABILITIES, OR LACK OF EXPERIENCE AND KNOWLEDGE (“Non-Intended Audience”), AND AS SUCH DURING THE TERM OF YOUR CERTIFIED EDUCATOR BADGE AND AT ALL OTHER TIMES YOU AGREE NOT TO INSTRUCT, TEACH, DEMONSTRATE, OR OTHERWISE USE CRICUT’S PRODUCTS IN ANY MANNER IMPLYING USE BY SAID NON-INTENDED AUDIENCE
5. Certified Educator Status. Cricut grants you the license and right to use, display, and publish your Certified Educator Badge and promote yourself as a Cricut Certified Educator subject to the following:
a. Your use, display, and publication of the Certified Educator Badge shall always be done in an appropriate and professional manner only to (1) promote yourself as a Cricut Certified Educator, (2) promote and encourage others to use Cricut, and/or (3) demonstrate or explain Cricut features and capabilities to your peers, colleagues, and other adult educators. Permissible use of the Certified Educator Badge further includes, but is not limited to, presenting, promoting, and demonstrating Cricut at education conferences and summits, seminars, educator association meetings, teacher meet-ups, etc. You are restricted from using your Certified Educator Badge or Program status as a means to receive compensation or other rewards for participating in these events; provided, however, reasonable accommodations, travel, or immaterial rewards/perks shall be permitted.
b. While you are encouraged to provide free Cricut training within the educational institution or district where you are employed, you are not permitted to use your Certified Educator Badge or your status as a Cricut Certified Educator to provide professional development or other training regarding the use, features, or capabilities of Cricut for a fee or as a paid service offering direct to schools or school districts. If you have any questions about this, please contact Cricut before agreeing to provide these services.
c. Your Certified Educator Badge and status are only valid for the specific time period and/or year indicated on your badge. To maintain your status and receive your badge for the following year you must complete any applicable Program Requirements or new Cricut Certified Educator courses. Your badge will automatically be renewed for the next year if there are no new Cricut Certified Educator classes required. Please go to www.cricutforschools.com to check if new course requirements exist and to obtain your new badge each year.
d. As a Cricut Certified Educator (and in order to maintain a valid Cricut Certified Educator Badge, you agree not to disparage Cricut, its officers, directors, employees, shareholders, or agents, in any manner likely to be harmful to our/their business, business reputation, or personal reputation.
e. We reserve the right—whether for any reason (such as the prevention of fraud, abuse, disparagement, or violation of these Terms) or no reason—to modify, suspend, terminate, or discontinue the Certified Educator Program or your Certified Educator Badge.
6. Release of Claims. To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release Cricut and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Certified Educator Program and the Certified Educator Program Content.
7. Disclaimers. THE CERTIFIED EDUCATOR PROGRAM AND THE CERTIFIED EDUCATOR PROGRAM CONTENT ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, CRICUT AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE CERTIFIED EDUCATOR PROGRAM OR THESE TERMS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CRICUT AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL CONDITIONS AND WARRANTIES, INCLUDING ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
8. Miscellaneous.
a. Waiver. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
b. Privacy. Your participation in the Cricut Certified Educator Program (including any training given as a Certified Educator), your use of the Certified Educator Badge, and any personal data gathered and/o associated therewith is subject to the terms of the Cricut Privacy Policy located at cricut.com/legal. To the extent that any of the terms of the Privacy Policy conflict with these Terms, these Terms shall be controlling.
C. Severability. Your participation in the Cricut Certified Educator Program (including any training given as a Certified Educator), your use of the Certified Educator Badge, and any personal data gathered and/o associated therewith is subject to the terms of the Cricut Privacy Policy located at cricut.com/legal. To the extent that any of the terms of the Privacy Policy conflict with these Terms, these Terms shall be controlling.
d. Force Majeure. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
e. Governing Law. The laws of the State of Utah, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between the parties
f. Modification. We may modify these Terms at any time by posting a revised version within the Certified Educator Program Content and/or Cricut’s website www.cricut.com/legal. Any modified terms will become effective upon posting. By accessing the Certified Educator Program after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Certified Educator Program Content and Cricut’s site regularly for modifications to these Terms. Likewise, we reserve the modify or discontinue any or all portions of the Certified Educator Program or Certified Educator Program Content in our sole & absolute discretion.
g. Entire Agreement. These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms).