Website Terms of Use

Credit Boosts

Subscriptions

Privacy Policy

Submission of Ideas

Commercial Use Policy

Download & Return Policies

WEBSITE TERMS OF USE

for SilhouetteDesignStore.com

  1. ACCEPTANCE OF TERMS
  2. SILHOUETTE AMERICA, INC. ("Silhouette America®", "we", "us", "our") makes available to you (the user) our website (www.silhouettedesignstore.com, “Silhouette Design Store”, “Service”) subject to these Terms of Use, which may be modified from time to time at our sole discretion, with or without notice to you. Your use of the Silhouette America® website, now or in the future, indicates acceptance of the then-current Terms of Use. You agree to abide by all of the Terms of Use, as the same may be revised from time to time. Silhouette America® may offer other services that may be governed by additional or different terms.

  3. DESCRIPTION OF SERVICES
  4. Silhouette America® provides you access to the Silhouette Design Store website so long as you have agreed to the Terms of Use. Access to select sections of this website require you to log into a Silhouette Account. The creation of a Silhouette Account is free and holds no obligation to purchase of goods or services. You can continue to access these sections requiring you to be signed into your account so long as your account is active. Such access may be modified, revised, updated, enhanced, or supplemented by Silhouette America® from time to time.

  5. SILHOUETTE USER ACCOUNT
  6. As a condition of using the sections of the website which require you to sign into a Silhouette account, you must be at least eighteen (18) years or older, an emancipated minor, or possess legal parental or guardian consent, and confirm that you are fully able and competent to enter into the terms and conditions set forth in these Terms of Use. In any case, you affirm that you are over the age of thirteen (13).

    You agree to: (a) provide accurate, current, and complete information about yourself as prompted by the account registration form, and (b) maintain and promptly update the registration data to keep it accurate, current and complete.

    You will create a password and account designation during the account'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. Silhouette representatives are unable to ask for or receive passwords for your Silhouette account. If you need to reset your account password or account email address, or merge duplicate user accounts, you may contact Silhouette Support for assistance. Silhouette Support can only assist with such requests upon successful verification of account ownership.

    You understand that if supplied, your credit card number is stored on your Silhouette account as a token only. The full credit card number is not stored on any Silhouette server either in raw or encrypted format. Upon creating or editing any credit card information on your Silhouette account, you authorize Silhouette America® to send your encrypted credit card data to a third party processor for secure storage. You understand that Silhouette representatives do not have access to your credit card data beyond the card type, expiration date, and last four digits of the card. Silhouette representatives are unable to ask for or receive credit card information for your Silhouette account. You are solely responsible for maintaining accurate credit card information on your Silhouette account and you alone are able to add or edit credit card information.

    Any order history, services, memberships, and information stored on your account, including software license keys, cannot be transferred to other accounts. Your account may not be shared, transferred, sold, or given to any other individual.

  7. COLLECTION AND USE OF PERSONAL DATA
  8. 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.

  9. SILHOUETTE DESIGN STORE DIGITAL CONTENT
  10. All content that can be downloaded from the Silhouette Design Store is referred to within these Terms of Use as “digital content”. This includes, but is not limited to, files in the following formats: STUDIO, STUDIO3, GST, S3D, STL, SVG, PNG, JPG, PDF, TTF, and OTF. Digital content may also be referred to by the following terms: “shape”, “design”, “pattern”, “font”, “3D print”, or “eBook”. You understand that all references in the Terms of Use to “digital content” encompass all of these file types and terms laid out above in this section and that the term “digital content” may be interchangeably used with any of these other terms.

    STUDIO, STUDIO3, GST, and S3D files are only supported for use with Silhouette software applications (Silhouette Studio®, Mint Studio™, and/or Silhouette 3D™).

    All digital content is provided to you “as is” without any warranty. You understand that when using the Silhouette Design Store you will be exposed to digital content from a variety of sources. Digital content offered through the Silhouette Design Store may originate from external sources, meaning individuals or companies (“Artists”) who are not employed by nor representatives of Silhouette America®. You understand that Silhouette America® is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such digital content.

    If you have interest in becoming a contributing Artist of Silhouette Design Store content, you may contact artist@silhouetteamerica.com for further details on the Contributing Artist Program. All Artists are bound to these Terms of Use as well as additional standards and Terms & Conditions which are provided directly to Artists upon approval to the Contributing Artist Program.

  11. USE OF DIGITAL CONTENT
  12. You acknowledge that all of the digital content found in the Silhouette Design Store is 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 the digital content that you download under the Terms of Use. This right and license is limited to your own personal use, unless that right is expanded by obtaining a commercial license, as explained in the Commercial Use Policy.

    Any commercial use of content obtained through the Silhouette Design Store, including physical manifestations created using digital content obtained through the Silhouette Design Store is permitted only in accordance with Silhouette America®’s Commercial Use Policy. .

    Under no circumstances regardless of license type (personal use or commercial license) are you permitted to copy any digital content for any other person or to a computer or storage device that you do not own. You may not transfer any digital content obtained from the Silhouette Design Store to another person for any reason, whether it be sold or given freely. When digital content obtained from the Silhouette Design Store is used to create a physical or digital manifestation of the shape, design, or other such content, Silhouette America® or its licensors retain copyright of the shape, design, or other such content, and the use, copying, and transfer of such physical or digital manifestation shall remain governed by the terms of this paragraph.

    You may download digital content pursuant to section 9 (“Downloading Digital Content”) of these Terms of Use. You shall not copy, capture, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any digital content for any other purposes without the prior written consent of Silhouette America® or the respective licensors of the digital content. Silhouette America® and its licensors reserve all rights not expressly granted in and to the digital content.

  13. DIGITAL MILLENNIUM COPYRIGHT ACT
  14. If you are a copyright holder and believe any content appearing on the Silhouette Design Store infringes upon your copyright, you may submit notification (a “Notice”) pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”).

    Silhouette America®’s designated Copyright Agent is Silhouette America, Attn: Copyright Agent, 618 N 2000 W, Lindon, Utah 84042, USA; email artist@silhouetteamerica.com.

    To be effective, the Notice must include the following:

    • A physical or electronic signature of the owner whose exclusive right is allegedly infringed or of a person authorized to act on that person’s behalf;
    • Identification of the copyrighted work claimed to have been infringed;
    • Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable Silhouette America® to locate the material on the Silhouette Design Store, such as the Silhouette Design Store number listing;
    • Information reasonably sufficient to permit Silhouette America® to contact the copyright owner or an authorized agent;
    • A statement that you have good faith belief that use of the material complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement under penalty of perjury that the information in the notification is accurate, and, that you are authorized to act on behalf of the exclusive copyright owner that is allegedly infringed.

    You acknowledge that if you fail to comply with all of the requirements of this section, your Notice may not be valid.

    Silhouette America® shall provide reasonable expeditious assistance to remove any content found in violation of your copyright. Repeat offenders found to infringe upon copyright may have their Silhouette account terminated at the sole discretion of Silhouette America®. In such an instance, Silhouette America® reserves the right to remove all content from the Silhouette Design Store that has been submitted by the Artist in question, whether or not it has been the subject of any Notification.

    You may also contact the designated Copyright Agent as directed above if you wish to counter a Notice (a “Counter Notice”) submitted against you, or if you would like to withdraw a Notice you previously submitted.

    To be effective, a Counter Notice must be a written communication provided to the designated Copyright Agent that includes the following:

    • A physical or electronic signature of the alleged infringer;
    • Identification of the material that has been removed;
    • A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed as a result of a mistake or misidentification of the material to be removed; and
    • The alleged infringer’s name, address, and telephone number and a statement that the alleged infringer consents to the jurisdiction of the United States District Court for the district of Utah, and a statement that that the alleged infringer will accept service of process from the person who provided notification of the alleged infringement.

    If a Counter Notice is received by the Copyright Agent, Silhouette America® may send a copy of the Counter Notice to the complaining party and inform the copyright owner or authorized agent that Silhouette America® will replace the removed material or cease disabling access to it within 14 business days. If the Copyright Agent has not received notice from the copyright owner or an authorized agent within 10 business days of the Counter Notice to confirm an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, Silhouette America® shall restore the allegedly infringing material.

  15. CONTROL OVER CONTENT
  16. Silhouette America® does not guarantee that all digital content (or any particular digital content) will remain available through the Silhouette Design Store. Silhouette America® may modify the content of the Silhouette Design Store at its sole discretion. Once digital content is properly downloaded to your device, however, you control the digital content and may continue to use it indefinitely, subject to the provisions of section 6 (“Use of Digital Content”) of these Terms of Use.

  17. DOWNLOADING DIGITAL CONTENT
  18. You must have a Silhouette account in order to download content from the Silhouette Design Store. Signing up for a Silhouette account is free. Creating and maintaining an account holds no obligation to purchase content or engage in any other paid service offered through the Silhouette Design Store.

    Select content may be offered at no cost and will be clearly marked as “free” or will be listed at a cost of zero in your selected currency (i.e. “$0.00”). Most content is offered for purchase and can be obtained by either direct payment via a valid payment option pursuant to section 22 (“Payments”), or by applying available Silhouette Design Store credit which has been obtained through a) a physical download card or digital download code which can be purchased directly from the Silhouette America® website (www.silhouetteamerica.com) or through an Authorized Silhouette Dealer, b) a Credit Boost purchase, c) a Silhouette Design Store subscription, or d) some other promotional method of offering Silhouette Design Store credit by Silhouette America®.

    In order to download digital content from the Silhouette Design Store, you must click on the cart icon located near the digital content, or on the “Add to Cart” button in order to add it to your shopping cart. You must then proceed to go through and complete the checkout process to obtain your digital content.

    Content offered through the Silhouette Design Store can be downloaded in most areas worldwide. However, governing bodies often have regulations and financial sanctions in place that prohibit transactions with certain high-risk countries. In most cases, the processing bank will decline transactions that originate from these countries. Accordingly, orders requiring payment using a credit card, PayPal, or other valid methods of payment may be restricted for select few high-risk countries. You may contact Silhouette America® for a listing of restricted countries, if required.

    Bundles containing multiple digital content offerings cannot be adjusted to substitute, add, remove, change, or otherwise alter the content of the bundle offering.

  19. LICENSED CONTENT
  20. Some content offered through the Silhouette Design Store may be confined to only offer in select areas or may be restricted from offering in select areas according to the licensing agreement of the digital content license holder. You understand that you may view select content while signed out of your account which may become unavailable to view or purchase when you are signed in. You further understand that Silhouette America® may advertise content that you are able to view in advertisement format which you may not have access to, based off your physical location.

  21. SILHOUETTE DESIGN STORE CREDIT
  22. Silhouette Design Store credit (“Credit”) can only be used to redeem purchases made through the Silhouette Design Store for digital content. Credit cannot be redeemed for cash or physical products. Credit cannot be traded to another user or Silhouette account.

    Credit can be obtained from a) a Silhouette Download Code, b) a Credit Boost purchase, or c) a Silhouette subscription. Once applied to your account, Credit obtained from a Silhouette Download Code or from a Credit Boost purchase shall have no expiration date unless otherwise specified. Credit obtained from a subscription will remain valid for a period of 60 days from the time of application, so long as your subscription remains active. Once your subscription has ended or expired and has not been renewed, all credits received from a subscription service will be forfeited.

    Credit can be used toward the purchase of any digital content found in the Silhouette Design Store, including sales or promotional pricing, deals, bundles, and/or regularly priced content. Credit cannot be used toward the purchase or payment of a Credit Boost or a Silhouette Design Store subscription.

  23. SILHOUETTE DOWNLOAD CODES
  24. Silhouette Download Codes may only be used to apply Silhouette Design Store Credit onto your Silhouette account that is valid toward purchases made on the Silhouette Design Store. Download Codes are not redeemable or refundable for cash. Download Codes may not be resold. Unless stated otherwise, Download Codes shall not expire. Only Silhouette America® branded Download Cards are valid toward the redemption of Silhouette Design Store credit. Lost or stolen Download Codes, including codes available from lost or stolen Download Cards, will not be replaced.

    Any term or condition of Download Codes or Download Code card offerings is void where prohibited by law. These terms and conditions are subject to change without notice. Application of a Download Code onto your Silhouette account constitutes agreement to the terms listed herein.

  25. SILHOUETTE DESIGN STORE CREDIT BOOSTS
  26. Silhouette Design Store Credit Boosts allow you to purchase Credit at reduced rates. The purchase amount and allotted Credit amount for Credit Boosts vary and is clearly stated at https://www.silhouettedesignstore.com/discounted-credits. Credit obtained from Credit Boost purchases do not have an expiration date. All Credit Boosts are subject to the same allowances, limitations, and restrictions discussed in section 11 (“Silhouette Design Store Credit”) of these Terms of Use.

  27. SILHOUETTE DESIGN STORE SUBSCRIPTIONS
  28. Silhouette Design Store subscriptions are a premium service offered by Silhouette America® which provide download credit valid toward the purchase of digital download content offered through the Silhouette Design Store. A Silhouette Design Store subscription is not required to access the Silhouette Design Store, nor to download content from the Silhouette Design Store.

    You must have a Silhouette account in order to sign up for a Silhouette Design Store subscription at https://www.silhouettedesignstore.com/subscription-signup.

    1. Trial Subscription Option
    2. Some select Silhouette machines include a Trial Silhouette Design Store subscription (FREE 30-Day Silhouette Design Store subscription). This trial subscription entitles you to a Basic subscription for 30 days starting from the date of applying the promotional code onto your account. A trial subscription does not obligate the user to continue further subscription service and will automatically end after 30 days if no action is taken by the user to sign up for a new subscription.

      If a subscription is already active at the time a Trial Silhouette Design Store subscription code is redeemed, a Silhouette Design Store credit value equal to the Basic subscription monthly credit amount will immediately be placed onto your Silhouette Design Store account, rather than appending a 30-day Basic subscription onto your account.

      Once your subscription has ended or otherwise expired and has not been renewed, all unused subscription credits will be forfeited.

    3. Paid Subscription Options
    4. The Silhouette Design Store has various tier options for available subscriptions (see https://www.silhouettedesignstore.com/subscription-signup for details). Each successive tier offers an increasing number of monthly Silhouette Design Store credits. Subscription options are offered in 3, 6, or 12 month periods. If you select to sign up for a subscription option, you are allotted a monthly balance of credits usable for the purchase of digital content from the Silhouette Design Store provided that your subscription remains active. By selecting to sign up for a subscription option you authorize Silhouette America® to charge your payment method (either monthly or up-front, as selected by you at sign up) according to the associated subscription fee indicated in the applicable schedule of fees for the subscription duration period (3, 6, or 12 months, as selected by you at sign up) regardless of the amount of digital content you download.

      Your subscription period is measured from the date on which you sign up under the subscription option, and the subscription month runs from the day of the month on which you first sign up under the 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).

      A subscription does not limit you to a certain number of downloads, rather it apportions you a balance at the beginning of each month according to your payment schedule. You may download digital content in excess of the monthly limit in any subscription month by paying the applicable per-design fee. Select subscription options may offer a reduced rate on individually purchased content once subscription credits have been exhausted (see “Features” listing for specific plan information at https://www.silhouettedesignstore.com/subscription-signup). By selecting and downloading digital content 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 design or posted on a separate schedule of fees, and you authorize Silhouette America® to charge your credit or debit card or PayPal account, according to your selected method of payment.

      Subscription credits expire 60 days from the time of application while your subscription remains active. Once your subscription has ended or otherwise expired and has not been renewed, all unused subscription credits will be forfeited.

    5. Available Subscription Discounts:
    6. Extended Duration Discount: Subscriptions are available for three standard duration periods—3, 6, and 12 months. Longer subscription duration periods will offer greater savings.

      Up-Front Payment Discount: An additional 5% discount is provided if you select to pay your subscription up-front (rather than month-to-month) during the sign up process. This discount is available regardless of the subscription duration period (3, 6, or 12 months).

      Auto-Renewal Discount: If you elect to have your subscription renewed automatically, an auto-renew discount is applied each consecutive year that you automatically renew the subscription. If you choose to auto-renew, the price of your subscription plan will drop 10% of the prior year’s fee every year (up to a maximum discount of 50% off the full-price of the subscription). If the auto-renewal is scheduled to occur during a sale, the lowest pricing option will automatically be selected. Auto-renew is an opt-in preference and can be added or canceled at any time.

      Other Sales & Promotions: During certain times of the year, there may be a subscription sale or promotion. In such instances, a promotional code will be provided to enter during the subscription signup process.

    7. Upgrading a Subscription:
    8. Subscriptions can be upgraded to a higher subscription tier at any time. Upgrading refers only to the subscription tier and not the subscription duration. The duration of your upgraded subscription does not have to match the duration of your current subscription (e.g. you may upgrade from a 3-month “Basic” to a 12-month “Deluxe” subscription. You may also upgrade from a 12-month “Basic” to a 3-month “Deluxe” subscription.) When upgrading, you will have the option to delay activation until completion of the current subscription (“Append to the End” option) or to activate the upgraded subscription immediately (“Start Immediately” option).

      Append to the End: If you choose to delay the activation of your upgraded subscription until your current subscription has expired, your new subscription will begin on the end date of your current subscription regardless of whether you pay month-to-month or had paid up-front for the entire duration of the subscription.

      Start Immediately: If you choose to activate your upgraded subscription immediately, your current subscription will end and your upgraded subscription will begin immediately. If you are paying month-to-month, you will be required to pay the new subscription rate for the duration of your subscription. If you paid up front, a prorated amount will be credited toward the purchase of your upgraded subscription.

    9. Canceling a Subscription:
    10. If not renewed, subscriptions will terminate automatically at the end of the period selected during the subscription signup process (3, 6, or 12 months). Any subscription may be canceled after a period of three months without incurring a cancelation fee. You may select to cancel your subscription in this instance by logging into your Silhouette account at www.silhouettedesignstore.com and visiting the "Account Settings” and selecting “Cancel My Subscription” found under the “Subscription Tools” section. You may alternately contact the Silhouette America® Support Team (support@silhouetteamerica.com) to request your subscription be canceled. If a subscription is canceled before three months have elapsed, a cancellation fee (equal to three monthly subscription payments minus payments already made) will be charged. Upon cancelation, any unused subscription credits will be forfeited.

    11. Downgrading a Subscription:
    12. Downgrading to a lesser subscription tier is only possible after a subscription has ended or is canceled. You may schedule a downgraded subscription to begin upon completion of your current subscription or, if you’d like the downgraded subscription to start immediately, you may cancel your current subscription and sign up for a downgraded subscription. You will be obligated to pay a cancelation fee if you cancel your subscription before three months have elapsed subject to the information found under “Canceling a Subscription”.

  29. PAY-AS-YOU-GO OPTION
  30. In the absence of a subscription, your Silhouette account will default to a “Pay-as-you-go” method. This means that by having a Silhouette account and logging into the Silhouette Design Store, you are authorized to download any digital content from the Silhouette Design Store at any time by paying the applicable per-design charge. By selecting and downloading digital content, you agree to pay the associated per-design charge, which is indicated near the design or posted on a separate schedule of fees, and you authorize Silhouette America® to charge your account balance or credit or debit card or PayPal account, according to your selected method of payment 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.

  31. SILHOUETTE ACCOUNT ACTIVITY
  32. Your Silhouette account will remain active until it is canceled by you via request to Silhouette America® customer service, or until it is terminated by Silhouette America®.

  33. ACCOUNT CANCELLATION BY YOU
  34. You have the right to cancel your Silhouette account at any time, whereupon Silhouette America® will have the right immediately to terminate your access to sections of the website requiring you to log in, including any access to manage Silhouette Design Store subscription options. Upon cancellation, you will not be entitled to a refund of any fees paid by you under any circumstances. Upon termination, you will lose access to all purchase history, the ability to recover purchased content from the Silhouette Design Store, and any license keys applied to your account. You must contact Silhouette Support to cancel your account.

  35. ACCOUNT TERMINATION BY SILHOUETTE AMERICA®
  36. Silhouette America® shall have the right to terminate your password, account, or use of the website (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 and Silhouette America® terminates your access to the Silhouette Design Store 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 and Silhouette America® terminates your access to the Silhouette Design Store 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 Silhouette Design Store service. Upon termination, you will lose access to all purchase history, the ability to recover purchased content from the Silhouette Design Store, and any license keys applied to your account.

  37. INTELLECTUAL PROPERTY RIGHTS
  38. You acknowledge that all copyright, trademark, and other intellectual property rights are protected by U.S. and international copyrights owned by Silhouette America® or its partners or licensors. Access to our Site does not confer and shall not be deemed as conferring upon anyone any license under any of Silhouette America®'s or any third party's intellectual property rights.

    The SILHOUETTE AMERICA® name, SILHOUETTE LOGO, and other Silhouette America® trademarks, services marks, and logos as represented on this website 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®. All other marks are the property of their respective proprietors. No trademark or service mark license is granted in connection with the content contained on this website, and access to our site does not authorize anyone to use any name, logo or mark in any manner. References on our site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Silhouette America®'s endorsement, sponsorship or recommendation of such third party, or its information, products or services. If you decide to access any such third party sites, you do so entirely at your own risk without consequence to Silhouette America®.

    You may not use any images found on the website to promote or market any product, goods, or services you have created regardless of any purchase made or license type obtained for such content. This includes but is not limited to use of any photos, renderings, artwork, marketing, or other visual representation found on this website.

  39. YOUR USE OF THE SITE
  40. Silhouette America® grants you permission to access and use our website, including access to any services found therein, provided that you agree to the following:

    • You will not attempt to alter or modify any part of our website;
    • You will not engage in the sale of any digital content obtained from our website;
    • You will not attempt to hotlink to any image or other such content that can be hotlinked from our website;
    • You will not attempt to copy any digital content through any means of image capture programs, applications, or other methods which may in any way capture digital content represented on this website in an effort to bypass the download process by which content is intended to be delivered.
    • You will not attempt to circumvent, disable or otherwise interfere with any security-related features of our website;
    • You will not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses our website in a manner that sends more request messages to the Silhouette America® servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
    • You will not use any device, software, or routine that interferes with the proper operation of our website;
    • You will not introduce any viruses, Trojan horses, worms, logic bombs, or other malicious software code to our website;
    • You will in no way impede the website service through any attack of the website or server through a denial-of-service attack or distributed denial-of-service attack or any other attack protocol which may impede the website service;
    • You will not collect or harvest any personally identifiable information, including account names, from our website, nor use any services provided through our website (such as email or chat systems) for any commercial solicitation purpose;
    • You will not use the website or any services found therein for fraudulent or otherwise illegal, infringing, or disallowed purposes. Should you learn that any user is using the website or any services found therein for fraudulent or otherwise illegal, infringing, or disallowed purposes, you agree to immediately notify us;
    • You understand that we may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the website is illegal or otherwise restricted;
    • You will not mask your identify in any way, including without limitation, IP masking by accessing the website or any services found therein over any type of proxy server, through IP masking software or the like; and
    • You will comply with all applicable laws in your use of our website or any services found therein.

    Notwithstanding the foregoing, Silhouette America® grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the contents of this website, but not caches or archives of such content. Silhouette America® reserves the right to revoke these exceptions either generally or in specific cases.

  41. PROMOTIONS
  42. Sales promotions may be offered periodically through Silhouette Design Store. Please refer to the Terms and Conditions posted for each sale for further details specific to the promotion. It is your responsibility to read the applicable Terms and Conditions to determine whether or not your participation will be valid or restricted, and to determine any requirements specific to the promotion. Most subscription promotions will require a promotional code to be applied prior to purchase in order to apply the promotional sale pricing.

    Promotional pricing is available during the advertised promotional period only. Promotional pricing cannot be reserved for: issues with your Silhouette account, concerns with payment information, or other concerns resulting from anything which cannot reasonably be controlled by Silhouette America® that may occur during the promotional period preventing order completion.

    Silhouette America® at its sole discretion may make special exceptions to price match Silhouette promotional sales and provide a credit or refund toward orders of digital content purchased from the Silhouette Design Store upon notification to Silhouette Support if a) an order was completed within 24 hours prior to the start of a promotional sale period, or b) an order was completed within 24 hours after the end of the promotional sale period due to a technical issue outside of your control which prevented successful order completion during the sale period. Examples of technical issues outside of your control may include: a server issue, or other error with the Silhouette America website service. Examples of issues that would not apply to this exception would be: your account was on hold, you did not yet have sufficient credits and were awaiting a subscription credit allotment, or your subscription credits had expired.

  43. PAYMENTS
  44. Except in the case of covering the expected balance wholly by Silhouette Design Store credit, all full or partial payments for digital content purchased through the Silhouette Design Store must be made using a an accepted form of payment clearly listed during the checkout process. Valid forms of payment include major credit cards and PayPal. Alternative payment options may be added without notice and will be clearly listed during the checkout process. If not clearly listed, further alternate payment options are not valid.

    Silhouette America® is not liable for any loss caused by any unauthorized use of your credit card or PayPal account by a third party in connection with our website.

    Any attempt at fraudulent activity, including any activity suspected of fraudulent activity, will result in having your Silhouette account frozen or terminated and further may block your access to the website, which action shall be at the sole discretion of Silhouette America®. Silhouette America® is entitled to report such activity to any relevant authorities or entities, and is further entitled to engage in civil and/or criminal prosecution.

    You irrevocably authorize Silhouette America®, as necessary, to use third-party electronic payment processors and/or financial institutions to process financial transactions, and agree that Silhouette America® may instruct third-party electronic payment processors and/or financial institutions on your behalf in accordance with your submitted orders.

  45. DOWNLOAD SERVICE
  46. The Silhouette Design Store provides the ability to purchase digital content, which can be downloaded to your computer or other supported device. You are able to add digital content to your cart that you wish to purchase by clicking on the “Add to Cart” button located on the product details page or near the digital content listing. Digital content files become available only upon successfully completing the checkout process. Successfully completed orders will receive an automated email confirming order placement.

    All orders are final once you have completed the checkout process and paid for the order. Orders cannot be altered to have items added or canceled once the order has been placed.

  47. OUR RIGHT TO NOT ACCEPT OR CANCEL YOUR ORDER
  48. Silhouette America® reserves the right to refuse any order for whatever reason it deems appropriate. We also reserve the right to cancel and refund any order for any of following reasons, which include but are not limited to: download content no longer available; you do not meet all of conditions of these Terms of Use; you do not have the ability to properly download the purchased content; or there has been an error in the price quote as noted in the section 25 (“Pricing”) of these Terms of Use. We further reserve the right to cancel your order for any of following reasons, which include but are not limited to: your billing information is not correct or cannot be verified; your order is flagged by our security measures as being suspicious or fraudulent; or funds are not properly received.

  49. PRICING
  50. Download content prices listed on this website are subject to change without notice. All pricing listed at the moment of purchase is the applicable price that will be charged, except in the case where pricing information on the website may contain an error. Silhouette America® is not bound by offers listed in error and reserves the right to make corrections for any such errors and/or cancel orders where there have been errors in pricing.

    Sales tax is not included in the listed price of any download content. Sales tax is assessed based on your location at the time of purchase for orders placed within select areas in the United States, and will be applied per applicable sales tax law where required. You can view the presence of sales tax and sales tax information prior to check-out while viewing your Shopping Cart.

  51. SECURITY
  52. You are prohibited from using any services or facilities provided in connection with our website to compromise security or tamper with system resources and/or accounts. The use of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Silhouette America® reserves the right to release your personal and account information to system administrators of other sites in order to assist them in resolving security incidents. Silhouette America® reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Silhouette America® to disclose the identity of anyone violating these Terms of Use.

    YOU WAIVE AND AGREE TO HOLD HARMLESS SILHOUETTE AMERICA® FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SILHOUETTE AMERICA® DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SILHOUETTE AMERICA® OR LAW ENFORCEMENT AUTHORITIES.

  53. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
  54. 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 DIGITAL CONTENT 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.

    SPECIFICALLY, SILHOUETTE AMERICA®, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR ANY SERVICES FOUND THEREIN, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR PAYMENT ACCOUNT INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVERS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE OR SERVICES FOUN THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOU OR SILHOUETTE AMERICA® ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    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.

  55. NOTICE
  56. Notices to you may be made via email or regular mail. Silhouette America® may also provide notices of changes to these Terms of Use or other matters by displaying notices or links on the Terms of Use page or by providing them via a splash page or other format during your login to the website.

  57. GENERAL MATTERS
  58. These Terms of Use, together with any supplements, policies, or schedules of fees published by Silhouette America® or provided to you by Silhouette America®, constitute the entire agreement between you and Silhouette America® regarding use of this website and govern your use of the website. 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 Use. These Terms of Use 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 Use 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 this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

PRIVACY POLICY

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of Silhouette America®, Inc.

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our website?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form, use the website's chat system, or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To improve our website in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To quickly process your transactions.
  • To send periodic emails regarding your order or other products and services.
  • To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  • Help remember and process the items in the shopping cart.
  • Understand and save user's preferences for future visits.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:

If you disable cookies, some features will be disabled, making your site experience less efficient and causing some of our services will not function properly.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

We use the Google Analytics service on our site, which allows us to gain aggregated data about our visitors and help to tailor the experience to the visitors of our site.

Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

ShareASale

We use ShareASale service on our site, which allows us to gain information regarding affiliate based sales.

Opting out: Users may opt-out of receiving any or all communications from ShareASale by contacting ShareASale directly.

GDPR Privacy Rights

On May 25, 2018, a new European Union (EU) data protection law, the General Data Protection Regulation (GDPR), took effect. The GDPR gives individuals in the EU more control over how their Personal Information is used and places certain obligations on businesses that process information of those individuals. We’ve updated our Privacy Policy to take into account the new requirements of the GDPR.

For questions or to process requests, email support@silhouetteamerica.com or send postal mail to Silhouette America, Inc. Attn: GDPR Request, 618 N 2000 W, Lindon, UT 84042.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:

Users can visit our site anonymously. Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website. Our Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes here on our Privacy Policy Page.

Users are able to change their personal information:

  • By emailing us
  • By calling us
  • By logging in to their account
  • By chatting with us or sending us a ticket

We honor "do not track" signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. It's also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email within 1 business day. We will notify the users via in-site notification within 1 business day.

We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Process orders and to send information and updates pertaining to orders.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of the email newsletter, and we will promptly remove you from all selected correspondence.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Silhouette America, Inc.

618 North 2000 West

Lindon, UT 84042

USA

support@silhouetteamerica.com

Last Edited on October 30, 2018

SUBMISSION OF IDEAS

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to Silhouette America®

Silhouette America® appreciates the willingness of any individual to submit ideas that will expand the company's product offerings or to improve existing products. Silhouette America® may accept disclosures from non-employees only if there is a clear understanding of the basis on which the disclosure is made. Ideas should not be submitted to the company without an express understanding of the points below.

If you (the individual submitting an idea to Silhouette America®) believe your idea has significant commercial value or if you expect Silhouette America® to compensate you for the idea, you must obtain a written agreement signed by an authorized company officer before disclosing the idea to Silhouette America®.

In the absence of a written agreement between you and Silhouette America® that clearly supersedes or modifies this policy, the following provisions will apply:

  1. You must be the owner. By submitting an idea, you represent to Silhouette America® that you are the owner (or have authority to act on behalf of the owner) of the idea, including any copyrights, patents, or trade secrets.
  2. You must not violate any duties to others. By submitting the idea, you represent to Silhouette America® that you are not disclosing any confidential or proprietary information belonging to a third party (except as an authorized agent of the third party) or violating any obligation that you may have to a third party such as an employer, former employer, or partner.
  3. Silhouette America® is not obligated to hold any information relayed as confidential. No confidential relationship is to be established or implied by your submission of the idea or Silhouette America®'s consideration of the idea. Silhouette America® will have no obligation to maintain the secrecy of the idea or any related information.
  4. You understand that Silhouette America® might already be working on something similar. Silhouette America® will give the idea only such consideration as the company determines to be appropriate in its sole discretion. If Silhouette America® produces a product that incorporates the idea or a similar idea, there will be no presumption that the product idea was first introduced to Silhouette America® by you or that Silhouette America® received any benefit from your disclosure.
  5. Silhouette America® has not agreed to pay you. By accepting disclosure of the idea, Silhouette America® does not agree to pay you or anyone else. By submitting the idea without a prior written agreement, you acknowledge and accept the possibility that Silhouette America® may use the idea without paying any compensation or remuneration to you of any kind, and Silhouette America® will have the unrestricted right to do so unless use of the idea constitutes an infringement of a valid patent.

COMMERCIAL USE POLICY

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for Silhouette Design Store Content

All digital content provided through the Silhouette Design Store is protected by U.S. and international copyrights owned by Silhouette America® or its partners or licensors. All digital content is available for personal use pursuant to Section 6 (“Use of Digital Content”) of the Silhouette Design Store’s Terms of Use.

Some digital content may also be available for Commercial Use. "Commercial Use" is defined as using digital content in any physical project, product, artwork, etc. that is intended for resale or commercial use. If you plan to use Silhouette Design Store content to create products which you will sell or use for commercial purposes, you must purchase a Commercial License. Commercial License options only pertains to the individual digital content in question for the Commercial License purchased. An individual Commercial License must be purchased for each digital content offering where Commercial Use is intended and allowed. The royalty-free Commercial License fee permits Commercial Use and is a flat one-time payment based on the number of units you will produce for resale or distribution. If a commercial license is unavailable for a design, then that design is limited to personal use only.

Commercial Licenses purchased after January 2018 are provided on an unlimited use basis. For some limited-use Commercial Licenses purchased before January 2018, the following terms apply: Commercial License options may be available for 1) producing up to 100 units, 2) producing up to 1,000 units, or c) an unlimited option, which allows you to produce an unlimited number of units for commercial purposes.

For instance, if you plan to produce 50 scrapbook page kits using a design from the Silhouette Design Store, you must have a Commercial License allowing "Up to 100" units or a higher level license. If, for example, you plan to produce 150 units, you must have a Commercial License allowing "Up to 1,000" units or a higher level license. You may always upgrade your Commercial License to a higher level should you need to do so.

All Commercial License options include a personal use license and can be utilized for personal use as well. It is permissible to create projects using non-commercially licensed images offered through the Silhouette Design Store for any individual, organization, or event so long as it is not with the intent of resale or other Commercial Use purpose.

Regardless of whether you purchase content for personal use or with a Commercial License, under no circumstances are you permitted to resell, give-away, or otherwise distribute any actual files associated with digital content offered through the Silhouette Design Store pursuant to Section 6 (“Use of Digital Content”) of the Silhouette Design Store’s Terms of Use, whether it be individually distributed in its original format, converted into an alternate format, or included in the sale of another product. Commercial Licenses do not extend your rights beyond the Silhouette Design Store’s Terms of Use.

DIGITAL CONTENT RETURN POLICY

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for orders from www.silhouettedesignstore.com

Silhouette America® is only able to provide refunds for downloaded content obtained directly through our website (www.silhouettedesignstore.com) that is purchased within the past 30 days. You must be able to fulfill all validation requirements proving the permanent removal of the digital content, as instructed by Silhouette Support. Without exception, Silhouette America® cannot otherwise provide refunds on download content purchases. If the download purchase has exceeded 30 days and you are either unable to access the digital content after troubleshooting, or if there is a verified design flaw making the digital content unusable, Silhouette America® at its sole discretion may provide a credit of equal value onto your Silhouette Design Store account.

All refunds or credits must be authorized and processed by Silhouette Support (support@silhouetteamerica.com). All content that is refunded or credited will be removed from your account history permanently so that it cannot be recovered or re-downloaded without purchasing it anew.

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Copyright © 2018 Silhouette America, Inc. All Rights Reserved.