Term of Use

Terms of Use for Wish in the Wind LLC’s -Cropdog.com website


Cropdog.com (referred to as the site, or the website, or Cropdog.com below) is a website owned and operated by Wish in the Wind LLC, a Virginia Limited Liability Company.


Welcome to our website.  Please read these Terms of Use carefully.  They contain the conditions that govern your access and use of the website and your purchase and use of any products we offer for sale on the site.


By accessing and using the Cropdog.com website, you signify that you agree to these Terms of Use AND our Privacy Policy (contained on another page on this site).  Any products you purchase and use from this site are also governed by these Terms of Use.  We may revise these Terms of Use from time to time - revisions will be posted on this page. Privacy Policy changes will be posted on the Privacy Policy page of our site.   If you continue to use the site, or purchase products from us on this site, AFTER any changes to these Terms of Use or changes to the Privacy Policy, you are agreeing and accepting the conditions of the revised Terms of Use and/or revised Privacy Policy.  You acknowledge that you have read these Terms of Use and Privacy Policy in their entirety, and that you agree to both the Terms of Use and the Privacy Policy, and that they constitute binding and enforceable obligations to you.


    • Member Account - If you are 13 years of age or older, you may create a member account on the Cropdog.com website once you are invited to join.  You will need to provide certain information about yourself, and you agree to provide current, complete, and accurate information; and that you will keep this information up to date.  You will also be required to choose a username and password for your account.  You are responsible for safeguarding your username and password.  You agree not to disclose your username or password to any third party.  You agree that you are solely responsible for all activity performed with your account whether you authorized that activity or not.  You agree to immediately notify Wish in the Wind LLC of any unauthorized use of your account.

    • Age Requirement - You must be 13 years of age or older to use the Cropdog.com website.   If you are under the age of 13, you cannot create or use any account on the Cropdog.com website.  By accepting these Terms of Service, you represent that you are at least 13 years of age.  

    • Personal Use of Site - the Cropdog.com site is for your personal, noncommercial use.  Projects and/or pages created using the site cannot be sold, or used for commercial purposes whatsoever, including advertising, retail, wholesale, promotional products, or any other commercial purpose.  Anyone desiring to use projects created on Cropdog.com for commercial purposes should contact us directly and receive explicit written authorization and pay the applicable fee for commercial use.

    • Rights Granted - subject to your compliance with these terms, Wish in the Wind LLC grants you a non-exclusive, non-transferable, limited right and license to access and use the site.  This license grants you the right to use the processes, applications, images, text, graphics, and other digital materials incorporated in the site, with no rights to sublicense, for your own personal, noncommercial use.  You may not publish, reproduce, distribute, modify, transmit, or publicly display any created work from this site in any form without the prior written consent of Wish in the Wind LLC except on specifically stated social media websites and other specifically stated uses for personal purposes only.  You may not use any created work from this site for any commercial purpose whatsoever.  While using the site, you agree NOT to:

      1. Engage in spamming;

      2. Transmit any files, software, or materials that contain viruses, worms, trojan horses, or other destructive components;

      3. Upload any copyrighted items - unless you own the copyright or have express written permission from the copyright owner or authorized agent of the owner;

      4. Share any photographs of people unless they have given permission for their photographs to be shared;

      5. Advertise any products or sale any products on public areas of the site;

      6. Share any pornographic content from the site on the site’s public areas or with any 3rd party site;

      7. Share any nudity or inappropriate child nudity.

      8. Upload, post, or share any objectionable material such as hate or malicious content, adult services, terrorism or violence advocacy;

      9. Upload, display, or share any content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or infringes on Wish in the Wind LLC’s or any other parties intellectual property rights;

      10. Share content that is confidential, proprietary, or trade secrets of any party;

      11. Share any content that includes advertisements, solicitations, chain letters, pyramid schemes, money making opportunities, or any other unsolicited business related content (unless specifically allowed elsewhere by us);

      12. Violate any applicable laws or regulations within your local or national jurisdiction;

      13. Restrict or disallow any other user from using the site;

      14. Abuse, harass, threaten, or violate the rights of others in regards to privacy.

      15. Tamper with any portion of our site in any way including reverse engineering, decompiling, adapting, translating all or any portion of the site;

      16. Remove any copyright, trademark or other notices displayed on the site.


Failing to comply with any of the above rules shall constitute breach of these Terms of Use.  If you breach these Terms of Use or Privacy Policy, we may, at our sole discretion, seek any form of legal remedies available to us and immediately terminate your account.  Wish in the Wind LLC reserves the right to alter, pause, or discontinue the site at any time at our sole discretion.

    • Submitted Content - any items you upload, including photographs, images, text, graphics and other digital materials are subject to the following terms and conditions:

      1. You retain any ownership of any items you submit and you grant Wish in the Wind LLC and its designees a worldwide, non-exclusive, transferable, royalty-free, and irrevocable right and license to use, reproduce, distribute, create derivative works, publicly display, and sub-license the content that you share with any 3rd party we choose. This grant of license includes any items you share on our site via our public pages or include on any product you purchase from us or from one of our affiliates, whether shared or purchased in part or in whole or whether shared as a single image, multiple images, or included on any work of art or page you create on Cropdog.com.  Generally, we use this shared or materials used in purchased items in connection with the products or services we provide that you request for fulfillment purposes from our affiliates.  In addition, these items may be used on our site as examples for others to view, especially on our shared content pages.  

      2. Though you retain ownership in your uploaded or shared materials, any template or pattern or layout from our site that you use to create works of art or pages, or other site materials you use as part of your created works or pages, or any site tools you use, all remain the sole and exclusive property of Wish in the Wind LLC or of the owner of the provided template, pattern, materials, or other tools on our site.

      3. By uploading or sharing any items to the site, you represent and warrant that you own or have explicit permission from the owner or the necessary rights of the items and that by uploading or sharing these items, you are not infringing on anyone else’s copyright or other property rights, and that these items are not unlawful, fraudulent, threatening, abusive, libelous, obscene, or of an objectionable nature.

      4. By sharing any content to our 3rd party sites or on our public pages, you consent to the use of your likeness, and confirm that you have obtained consent and release/permission of every identifiable individual who appears in your shared content for displaying their likeness on our site or for sharing with other sites.  If any of the identifiable individuals in content shared by you are under the age of 18, you verify that you have obtained permission/release form that person’s parent or guardian for the use of that individual’s likeness.  

      5. You agree that Wish in the Wind LLC may, at its own discretion, filter any of your shared content for any reason without any recourse on your part.

      6. You agree and consent to the release of any of your confidential information on our site when the law requires such disclosures.  In the unlikely event of this, we will attempt, but not guarantee, notification to you prior to releasing this information unless prohibited by law.

      7. You agree to indemnify and hold Wish in the Wind LLC, their owners, directors, officers, employees, consultants, agents, representatives, affiliates, distributors, and all other associates and third party users harmless from any and all claims, liabilities, causes of action, damages, losses, and expenses that arise directly or indirectly from your breach of these terms, your uploaded / shared content, and any other activities in connection with your use of this site.

    • Copyrights Notice - we are committed to protecting copyrights and expect the same from our users.  We have a policy under the Digital Millennium Copyright Act of 1998 (DMCA) that provides recourse for copyright owners who believe that content appearing on this site is an infringement on their covered property.  Please review our Copyright Notice in a separate page on this site for further details about that process.

    • Third-Party Sites, Products, and Services - The site may link you to other sites not owned by Wish in the Wind LLC.  These sites may provide you services or products. We have not reviewed all of these Third Party sites, products, or services and we have no control over these sites or their products or services.  Therefore, we are not responsible for the content of these sites or the privacy or other practices in use by these sites.  Our directing you to these sites does NOT indicate any approval or endorsement of any of these sites - you are directed to these sites only as a convenience to you.  If there are any costs associated with your use of any of these Third-Party sites, they are your sole responsibility.  We strongly encourage you to become familiar with the terms of use, policies, procedures, and costs for any of these sites prior to using them.  In addition, other sites may provide links to Cropdog.com with or without our authorization.  We are not responsible for any of the activities, services, products, actions, or content of these sites and shall not be responsible or liable for any links from these sites to Cropdog.com, nor any loss or damages incurred in connection with the use of these sites.  You agree that your use of any Third-Party website, including without limitation, your use of any content, information, products, or any other service or item from that site, is at your own risk and is not the responsibility of Wish in the Wind LLC.

    • Purchasing Products or Services - the Cropdog.com website offers certain products and/or services for sale to our users.  When making purchases, we may direct you to our unrelated payment gateway service for payment information.  We do not collect or save any of your personal financial information on our site.  You should read and understand the terms of use and policies of the payment gateway service provider prior to using their services for making payments for Cropdog.com products or services. Wish in the Wind LLC will not be held liable for any loss related to the use of these unrelated payment gateway services.  Purchases products or services from our site are subject to the following terms:

      1. Descriptions, specifications, products, services, prices and availability of any of our products or services are subject to change without notice.  Current information can be found about any product on our website.

      2. Though we make reasonable efforts to accurately display the attributes of our products - colors, features, etc - computer systems and display monitors are all different and we cannot guarantee that your computer will accurately display colors or other attributes of any product.  

      3. Products or services for sale, or pricing, at one time on our site does not imply that it will be available at any other time on our site.

      4. It is your responsibility to obey all applicable local, state, and federal laws including age requirements and sales/use tax payments in regards to any purchase you make on our site.

      5. Some of our products are digital (not physical) in nature. These include images, photos, designed digital papers, page patterns (templates), and other digitally designed products.  When purchasing these products, you are only purchasing the right to use them for personal (non-commercial) use for specific pages or projects.  You are not purchasing any other rights to the products. All copyrights and other property rights are kept by Wish in the Wind LLC or other owners.  Fees charged for the use of these products may be charged immediately at time of purchase, or charged later when the page where the product is used is exported or ordered as printed materials.  If the fees are charged when the page is exported or printed, these fees will be in addition to the normal export or printing charges.

      6. We make every effort to charge your credit card when physical products are shipped.  However, at times, our merchant services provider may charge your credit card immediately upon placing the order.  If this occurs, we will process and ship your order within 3 business days or offer you a refund of your payment.  We will communicate this refund offer to you via email or other appropriate communication source.

      7. We reserve the right to discontinue any product or service at anytime without prior notice.

      8. You agree that if pricing errors occur on our system for any product or service your purchase, you will either agree to pay the correct price or cancel the order and take no other action against Wish in the Wind LLC.  We will notify you if there are pricing errors prior to processing your order.

      9. Orders will not be processed until payment is verified from our merchant services provider.  We are not responsible for the payment services and cannot resolve issues with problematic transactions between you and them.  If an error occurs in our communication with them about payment of your purchase (they processed the payment, but that payment was not received by our system), we will communicate with them to verify payment was made after we become aware of such error. You should communicate with us immediately if you suspect this type of error.  If the payment was actually processed, we will then correct your account, process and ship your order as soon as we reasonably can.

        Exporting your created pages to your own computer as a JPEG or other image file - Cropdog.com allows you to purchase  jpg (or other image types) files of your created pages for download and use on your own personal computer.  There is a fee associated with downloading any page you create on Cropdog.com.  When you purchase a page image from us, you are only purchasing the rights to use that image on your personal hardware or print for your own personal use.  Since downloaded page images are for your personal use only, they cannot be resold, transferred to another party, displayed in a public place, or used for commercial purposes in any manner.  If you wish to use any of the pages you created on Cropdog.com for commercial purposes or for public display, please contact us with the details.  There is a separate and additional fee associated with using images in a non-personal manner.  By using the site, you agree that you will not use any page images created on Cropdog.com for any business or commercial purpose and that you will not display any page image created on Cropdog.com in public without paying the appropriate fees and obtaining written permission from Wish in the Wind LLC prior to the use or display of the image. There is an exception to the public display limitation for entering your pages in non-professional, noncommercial contests - below.

        Copying images from screen displays on our site - you agree that you will NOT copy or download any page image on the Cropdog.com website, or on any displayed window or computer screen for any reason whatsoever unless you have purchased the right to download that specific page image from our site’s shopping cart; then, you will download to your compurter (or other storage device) using our download process only.

    • Sharing Created Pages & Contests - we may allow you to share your Cropdog.com created pages on Cropdog.com with others via our public pages or on other sites or certain public displays.  If you decide to share any pages on our site or any other site or public displays, you agree to all the Terms of Use in this document related to sharing content on our site including, but not limited to, copyright infringement, individual likenesses consents and permissions, granting certain rights to us for items used in that shared page, holding Wish in the Wind LLC harmless from any liability or claim associated with that shared content, and all other Terms of Use. These are all detailed in sections of this document.  

      We grant you the right to share pages made on this site to any other site that is for personal enjoyment. These include social media sites like Facebook and Twitter.  Pages can be shared to some of these sites directly from within our site.  We also grant you the right to include your Cropdog.com created pages in non-professional, non-commercial contests, whether on our site or not, and whether prizes are granted or not, and whether in digital format or in printed format.  Unless we specifically give an exception on our site, Cropdog.com page images that you include in any contests must have been purchased as exported digital images or as printed images purchased from us.  When sharing any Cropdog.com created page on any site, or displaying any Cropdog.com created printed page, or including any Cropdog.com created page in any contest, you agree to include verbiage with the page that indicates the page was created on or using the Cropdog.com website.  Example verbiage: “
      Page Created Using Cropdog.com” or “Created using Cropdog.com” or “Created on Cropdog.com”, or similar phrasology.  Cropdog.com created pages CANNOT be used on any site for commercial purposes, nor can they be used in any other context for commercial purposes without an explicit written agreement from us and paying of appropriate fees.

      At times, the Cropdog.com site may sponsor contests, games, sweepstakes, or other promotions.  These Terms of Use apply to all such events.  In addition, there may be other event specific terms and rules that are separate from this agreement.  By participating in any of these events on our site, you agree to that specific event’s terms and rules.  We encourage you to review any terms and rules for any event prior to participating in that event.  To the extent that an event’s terms and/or rules conflict with any terms in this agreement, the terms and rules of the event shall rule.

    • Sharing Your Idea With Us - Some of our users may desire to share ideas or make recommendations to us about products or services offered on the site. We appreciate those suggestions and ideas from our customers.  However, please note that any ideas or suggestions you submit to Wish in the Wind LLC regarding Cropdog.com services or products become the property of Wish in the Wind LLC, and you hereby irrevocably assign any intellectual property rights in such ideas or suggestions to Wish in the Wind LLC.  If you want to retain any rights in your ideas or suggestions (patents, copyrights, trademarks, etc), please don’t submit them to us without our prior written approval.  You can inquire about how this approval process works by sending a letter to: Wish in the Wind LLC, ATTN: Cropdog Idea Submission, 108 Ingram Rd, STE 16, Williamsburg, VA 23188.  Please include your various contact information methods (address, phone, email).

    • Disclaimer of Warranties - The products and services included on this site are provided “AS IS” and without warranties of any kind, either express or implied, except for those warranties contained in these terms.  To the fullest extent permissible by applicable law, Wish in the Wind LLC, owners, licensors, advertisers, sponsors, agents, and affiliates disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course dealing, course of performance or usage of trade.  No statement of Wish in the Wind LLC, or any of its employees, agents, representatives, or other third parties, shall create any warranty other than those expressly contained in these terms or expressly stated in other official company documents.

    • Limitation of Liability - TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Wish in the Wind LLC NOR ANY OF THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND THEREFORE IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF Wish in the Wind LLC ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    • Site Jurisdiction - Wish in the Wind LLC and the Cropdog.com website are controlled, owned, and operated in the United States of America.  The site is not subject to the laws of any other state, country, or territory other than that of the United States.  We do not warrant that any of our products or services are appropriate or available for use in any particular country, state, or territory.  If you choose to access and use our site and services, you do so at your own risk, and you are responsible for abiding by all the applicable laws in your state, country, or territory.  Wish in the Wind LLC may limit the use of the site to any individual or any country, region, or geographic area at any time and at our sole discretion.  

    • Class Action Waiver - By your continued use and access of the Cropdog.com website, you agree that any dispute resolution proceedings will be conducted on an individual basis ONLY; and NOT in a class, representative action, named or unnamed member in a class, consolidated, or private attorney general legal action.

Ending Your Services - You or Wish in the Wind LLC may terminate your account and your access to the site at any time for any reason, with or without cause; and with or without prior notice.  If terminated, you will no longer have the right to access any of the content you placed on our site.  Wish in the Wind LLC may delete all files and content upon termination and you agree that Wish in the Wind LLC shall have no liability whatsoever to you or any third party as a result of such actions by us.  In addition, Wish in the Wind LLC shall have no obligation whatsoever to make any of the content available to you upon termination of your account.

 

 

 

 

 

 

 

 

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