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GracefulGrammar Offline
#1 Posted : Sunday, November 18, 2012 10:17:50 AM(UTC)
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February 28, 2013............... It has been 3.5 months......... 100 days........ Surely someone at PC has this information and can post it publicly???

100 days and no response from PC!!!!

This was originally posted November 18, 2012............ still no response from PC................


Cricut Mallie:

It has always been posted here that the EULA for the Gypsy forbids the resale of a Gypsy with linked cartridges; and, the EULA also forbids selling linked cartridges. It has been posted that a person could only sell linked carts and the Gypsy they are linked to as a BUNDLE.

It also has been stated on this MB that PC has had EBay halt the sales of Gypsies with linked carts (without the physical linked carts bundled with the Gypsy) and of linked carts sold separately or in collections without the Gypsy these carts are linked to.

In the 3+ years that the Gypsy has been around, PC has never made an official statement one way or another on THIS MB to my knowledge. (Someone please link PC's Statement if it exits.) Now it has come to light in another thread that PC has released people from not being able to sell linked carts or to resell Gypsies with linked carts to them:

http://www.cricut.com/fo...dges-for-sale-on-FB.aspx

Please have PC post an official answer. It's not that i doubt my fellow posters BUT PC customer service reps have given incorrect information in the past. Please verify!!!!!! Can we resell gypsy-linked carts individually without the gypsy the carts are linked to?? Can we resell our gypsies that have carts linked to them without the physical carts? Thank you for this verification.

Edited by user Monday, February 25, 2013 11:40:08 AM(UTC)  | Reason: Not specified

SouthernVintage Offline
#2 Posted : Sunday, November 18, 2012 5:16:12 PM(UTC)
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I'd love to know too. (I have a barely used Gypsy waiting for a new home.)
Freda C. Offline
#3 Posted : Sunday, November 18, 2012 6:35:53 PM(UTC)
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Wonder what a gypsy with 325 cartridges linked would go for???? Might be able to recoup some of my losses...

Freda
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TulipCollector on 11/24/2012(UTC)
GracefulGrammar Offline
#4 Posted : Sunday, November 18, 2012 7:03:43 PM(UTC)
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Originally Posted by: Freda C. Go to Quoted Post
Wonder what a gypsy with 325 cartridges linked would go for???? Might be able to recoup some of my losses...

Freda


Check ebay's completed sales...........

CherylfromOz Offline
#5 Posted : Monday, November 19, 2012 3:01:05 AM(UTC)
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Yes, we need to know, there are a lot of dead gypsies out there, also a lot of people that can't afford a decent price for a gypsy and 100+ cartridges. PC need to come up with a way to unlink the cartridges
Hugabug Offline
#6 Posted : Monday, November 19, 2012 7:37:39 AM(UTC)
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Can't wait to hear the answer to this one!ThumpUp
Lguild Offline
#7 Posted : Monday, November 19, 2012 8:35:42 AM(UTC)
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Since both myself and Dailyscrapper were told by customer service that it's okay to sell a Gypsy with linked cartridges on it without selling the cartridges and it's okay to sell the linked cartridges separately, I'm going to say that the EULA's being ignored by PC.

Tory at customer service told me it was okay as long as you make the buyer aware that the cartridges can't be recovered when the Gypsy breaks and that you cannot link cartridges a second time to another Gypsy (in the case of buying a previously linked cartridge.)

Since no one from PC reads and replies to messages on here, I'm taking Tory at her word. Dailyscrapper says she recorded her conversation with CS so she's got proof of what was said to her.
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GracefulGrammar on 11/19/2012(UTC)
GracefulGrammar Offline
#8 Posted : Monday, November 19, 2012 9:25:43 AM(UTC)
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Originally Posted by: Lguild Go to Quoted Post
Since both myself and Dailyscrapper were told by customer service that it's okay to sell a Gypsy with linked cartridges on it without selling the cartridges and it's okay to sell the linked cartridges separately, I'm going to say that the EULA's being ignored by PC.

Tory at customer service told me it was okay as long as you make the buyer aware that the cartridges can't be recovered when the Gypsy breaks and that you cannot link cartridges a second time to another Gypsy (in the case of buying a previously linked cartridge.)

Since no one from PC reads and replies to messages on here, I'm taking Tory at her word. Dailyscrapper says she recorded her conversation with CS so she's got proof of what was said to her.



I am not questioning either of you, Linda......... I know you both feel you have reported accurately what you have both heard from PC customer service.......... That being said, this page is maintained by Provo Craft on EBay......... if it's truly the new corporate policy to ignore the EULA for the Gypsy and linked cartridges, I would really like to see them clear this misinformation up:


http://cgi3.ebay.com/ws/...e&userid=provo_craft


Below is a cut and paste from the EBay page linked above:


PROVO CRAFT®

Provo Craft is the innovative maker of CRICUT® and other great consumer products that bring out your creative best. For more information about the CRICUT®, GYPSY™ or any of Provo Craft’s other great products please visit our website at www.provocraft.com.

Provo Craft is a member of the eBay VeRO program and is committed to investigating copyright infringement and licensing infractions, not only to protect our own interests, but to protect the interests of the artists we contract with and to ensure that our customers receive only the highest in quality products. We are contractually obligated to protect the intellectual property rights and livelihood of the artists whose work we license. As such, we must enforce our licensing conditions rigorously. The following is a non-exhaustive list of reasons why Provo Craft requests the removal of auctions through eBay’s VeRO program due to an unauthorized use of intellectual property:*

The auction offers for sale an item in violation of a license (i.e. End User License Agreement “EULA). Please note: You may not sell or transfer a GYPSY™ machine that contains cartridges loaded onto it while retaining physical possession of the cartridges, or vice versa. Please see GYSPY™ EULA and CRICUT® Cartridge EULA reproduced in pertinent part below.
The auction uses copyrighted images (displayed or linked), such as from the Provo Craft, CRICUT®, GYPSY™, YUDU® or PCCrafters websites, product catalogs, promotional material, other text or any other content belonging to Provo Craft.
The auction for a non Provo Craft® brand product or homemade/hand-crafted items contains in its title any of Provo Craft’s trademarks. Provo Craft’s trademarks include CRICUT®, GYPSY™, YUDU®, etc.
The use of any of Provo Craft’s trademarks in an auction title for homemade/hand-crafted items even if made with Provo Craft brand products
* The above is in no way an exhaustive list of rules, but simply, as stated, a quick summary. For a more detailed expression of the rights of and restrictions on users of Provo Craft products please refer to the CRICUT® cartridge EULA, GYPSY™ EULA, and the Provo Craft website at www.provocraft.com.

If you want to report an infringing listing that has not been suspended, please send us the title, item number and seller’s name to Copyright@ProvoCraft.com.

END USER LICENSE AGREEMENTS

CRICUT® cartridge users are subject to the CRICUT® Cartridge End User License Agreement that in pertinent part states:

License Grant. The Cartridge and Content are licensed and not sold under this Agreement. Subject to the terms and conditions herein, Provo Grant grants You a personal, revocable, non-exclusive, non-transferable license that permits You to use the Cartridge and the associated Content with a single GYPSY™ System.
Your use of Content installed on Your GYPSY™ System from a Cartridge is subject at all times to this Agreement, regardless of whether Your GYPSY™ System is connected with the Cartridge. You may not use or allow the use of a Cartridge or Content other than for Your own internal or personal purposes and other than as part of Your use of single GYPSY™ System to which the Cartridge and Content is registered.
You may not allow the Content to exist on more than one GYPSY™ System at a time, or to exist on GYPSY™ Systems that you do not control or own, and You may not make the Content available over a network where it could be used by multiple devices or multiple computers at the same time. This Agreement does not grant You any rights to use Provo Craft proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the Cartridge.
Reverse Engineering; Disassembly. You may not distribute, rent, lease or modify the Cartridge or Content in whole or in part. You may not copy, reproduce or in any other manner duplicate the Cartridge or Content, except as authorized in this Agreement or in the Angel Policy. You agree that neither You nor your users will alter, modify, adapt, create derivative works, translate, deface, decompile, disassemble or Reverse Engineer the Cartridge, program or attempt to program the or store data on the Cartridge, or otherwise access or use the Cartridge or Content except as otherwise expressly permitted under this Agreement. For the purposes of this Agreement, “Reverse Engineer” includes any act of reverse engineering, translating, disassembling, decompiling, debugging, decrypting or deconstructing data, communications, software (including interfaces, protocols, and any other data included in or used in conjunction with programs that may or may not technically be considered software code), service, or hardware or any method or process of obtaining or converting any information, data or software from one form into a human-readable form.
Transfer of Cartridge and Content. You and Your users will not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Cartridge or Content or any portion thereof (including operating a software-as-service, application service provider, service bureau or equivalent service using the Cartridge or Content to any other person, without the prior express written permission of Provo Craft) in any manner whatsoever.
GYPSY™ users are subject to the GYPSY End User License Agreement which in pertinent part states:

You and Your users will not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Software or Cartridges or any portion thereof (including operating a software-as-service, application service provider, service bureau or equivalent service using the Software or Cartridges to any other person, without the prior express written permission of Provo Craft);
You and Your users will not transfer, or attempt to transfer, any Software, Cartridges or any portion thereof pre-installed by or on behalf of Provo Craft on a GYPSY™ System for use on any other product or device without the prior written permission of Provo Craft;
U.S. Copyright law (17 U.S.C. Section 101 et seq.) gives Provo Craft the exclusive rights to reproduce its copyrighted works. An infringer could be liable for statutory damages as high as $150,000, per infringement, as set forth in Section 504(c)(2) therein. If forced to pursue litigation, we will seek the maximum damages available and also seizure of the infringing articles and subsequent destruction. In many countries, companies as well as individuals may face civil and/or criminal sanctions.

Please send your questions or comments to Copyright@ProvoCraft.com.

FAQ

Question: Why was my listing for a GYPSY™ system removed?

Answer: Please refer to the GYPSY™ EULA and CRICUT® Cartridge EULA, paying special attention to the provisions provided above. CRICUT® Cartridges contain artwork and other material and is copyrighted and owned by or exclusively licensed to Provo Craft®. The GYPSY™ EULA allows the purchaser to link their cartridges with their GYPSY only. You may not allow the Cartridge content to exist on more than one GYPSY™ system at a time, or to exist on GYPSY™ systems that you do not control or own.

Question: Can I sell items created with Provo Craft products on eBay?

Answer: Please refer to the Provo Craft Angel Policy by clicking on the following link: Angel Policy.

For more information about Provo Craft’s products, please visit www.provocraft.com.

To review Provo Craft’s Angel Policy please click the following link: Angel Policy.


The above page is maintained by: provo_craft( 0 )




On this PC-maintained Ebay page, PC very clearly states:

"The auction offers for sale an item in violation of a license (i.e. End User License Agreement “EULA). Please note: You may not sell or transfer a GYPSY™ machine that contains cartridges loaded onto it while retaining physical possession of the cartridges, or vice versa. Please see GYSPY™ EULA and CRICUT® Cartridge EULA reproduced in pertinent part below."

I would really like this cleared up!

Edited by user Monday, November 19, 2012 9:28:58 AM(UTC)  | Reason: Not specified

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Lguild on 11/19/2012(UTC)
LazyBee Offline
#9 Posted : Monday, November 19, 2012 10:20:38 AM(UTC)
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Originally Posted by: Lguild Go to Quoted Post
Since both myself and Dailyscrapper were told by customer service that it's okay to sell a Gypsy with linked cartridges on it without selling the cartridges and it's okay to sell the linked cartridges separately, I'm going to say that the EULA's being ignored by PC.

Tory at customer service told me it was okay as long as you make the buyer aware that the cartridges can't be recovered when the Gypsy breaks and that you cannot link cartridges a second time to another Gypsy (in the case of buying a previously linked cartridge.)

Since no one from PC reads and replies to messages on here, I'm taking Tory at her word. Dailyscrapper says she recorded her conversation with CS so she's got proof of what was said to her.


If that is the case and PC is ignoring it or even suggesting it is okay, I think that is another indication the Gypsy is on the way out and possibly even physical carts. While I personally don't want to but linked carts, there are many out there who never plan to use any of the other programs PC offers and having a linked cart for a reduced price is probably better than paying full price for product that in all truthfulness may not be here in the future. I've been a pretty staunch supporter of not selling anything linked. But with the dumping of inventory that seems to be what is being done currently, the lack of any significant new content for months, the discontinuing of the Imagine, and the lack of dealing with the syncing of carts on Gypsy seem to point in a direction at least for me that PC is possibly fighting a loosing battle and may actually go the way of Hostess. They waited till they unloaded most of their inventory on the Imagine before being straight with it's customers. The Gypsy's most likely next...the writing is on the wall and PC's lack of response to the issues is pretty apparent and speaks volumes. They are changing their business model and are into cloud computing and will probably leave the cartridges behind at some point. That being said, this may actually be why they have allowed linked carts and Gypsies to be be sold not only on Ebay but also the message boards. I for one don't have a problem with it any longer as people should have the ability to move on and cut their losses if they choose to, and if they view these changes as losses. I'm not sure it is worth the debate as PC is going to do what they want regardless of how it impacts us as customers.

Edited by user Monday, November 19, 2012 6:23:26 PM(UTC)  | Reason: Not specified

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CricutMallie Offline
#10 Posted : Monday, November 19, 2012 12:13:55 PM(UTC)
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Hello everyone,
I've asked for clarification and I hope to get an official answer from us soon.
Just wanted to let you know that I AM reading this thread, and I will try to resolve this issue for you soon.


Happy Thanksgiving Week, everyone!

-Mallie @ Cricut
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MaryScraps on 11/20/2012(UTC)
jscraftylady Offline
#11 Posted : Monday, November 19, 2012 12:43:31 PM(UTC)
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Originally Posted by: Lguild Go to Quoted Post
Since both myself and Dailyscrapper were told by customer service that it's okay to sell a Gypsy with linked cartridges on it without selling the cartridges and it's okay to sell the linked cartridges separately, I'm going to say that the EULA's being ignored by PC.

Tory at customer service told me it was okay as long as you make the buyer aware that the cartridges can't be recovered when the Gypsy breaks and that you cannot link cartridges a second time to another Gypsy (in the case of buying a previously linked cartridge.)

Since no one from PC reads and replies to messages on here, I'm taking Tory at her word. Dailyscrapper says she recorded her conversation with CS so she's got proof of what was said to her.



"when the Gypsy breaks" That cracked me upLOL Sad, but true......
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Kut-n-Print on 11/19/2012(UTC)
GracefulGrammar Offline
#12 Posted : Monday, November 19, 2012 8:21:15 PM(UTC)
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Originally Posted by: CricutMallie Go to Quoted Post
Hello everyone,
I've asked for clarification and I hope to get an official answer from us soon.
Just wanted to let you know that I AM reading this thread, and I will try to resolve this issue for you soon.


Happy Thanksgiving Week, everyone!

-Mallie @ Cricut


Thank you for acknowledging this thread, Mallie......... I look forward to an official answer. You and yours have a wonderful and safe Thanksgiving :-)

Lguild Offline
#13 Posted : Monday, November 19, 2012 8:35:27 PM(UTC)
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Originally Posted by: jscraftylady Go to Quoted Post
"when the Gypsy breaks" That cracked me upLOL Sad, but true......



I purposely used "when" rather than "if".
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StarOklaCity on 11/21/2012(UTC)
Lguild Offline
#14 Posted : Monday, November 19, 2012 8:40:27 PM(UTC)
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Thanks Cricut Mallie!

I'm anxious to read your answer!
Kroppin Kari Offline
#15 Posted : Monday, November 19, 2012 8:53:55 PM(UTC)
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It would be nice to have it in writing, because I sold my imagine and all the cartridges I had with it, but they were linked to ccr... The person I sold them to was told tha PC would go I'm the back end and move the link to her account in ccr.... But then I called and they said no and wouldn't let me talk no matter how many times I called to the person that I sold the equipment to. I ended up lowering th price and sold it to her... And the PC rep told me it was fine to sell them even though they were linked in ccr... I only sold them since the purchaser was fully aware of the situation....
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TulipCollector on 11/20/2012(UTC)
MaryScraps Offline
#16 Posted : Tuesday, November 20, 2012 3:04:59 AM(UTC)
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Originally Posted by: Lguild Go to Quoted Post
Since both myself and Dailyscrapper were told by customer service that it's okay to sell a Gypsy with linked cartridges on it without selling the cartridges and it's okay to sell the linked cartridges separately, I'm going to say that the EULA's being ignored by PC.

Tory at customer service told me it was okay as long as you make the buyer aware that the cartridges can't be recovered when the Gypsy breaks and that you cannot link cartridges a second time to another Gypsy (in the case of buying a previously linked cartridge.)

Since no one from PC reads and replies to messages on here, I'm taking Tory at her word. Dailyscrapper says she recorded her conversation with CS so she's got proof of what was said to her.


Yikes! It's illegal to record someone with out their knowledge or consent.

I sure hope she notified her that she was being recorded.
GracefulGrammar Offline
#17 Posted : Wednesday, November 21, 2012 6:31:24 AM(UTC)
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Hoping for an official answer soon!
jscraftylady Offline
#18 Posted : Wednesday, November 21, 2012 9:14:04 AM(UTC)
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Originally Posted by: Scrapbooking_Grandma Go to Quoted Post
Yikes! It's illegal to record someone with out their knowledge or consent.

I sure hope she notified her that she was being recorded.


This is not technically true. Most states are one-party states, meaning only one party involved has to consent to recording. So long as you and the other party are in one party states there is technically no need to ask permission. Common misconception.
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CricutMallie Offline
#19 Posted : Wednesday, November 21, 2012 12:41:43 PM(UTC)
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I've been told we are not ready to give an official answer on this issue. That is all the information I have at this time.

Safe travels to anyone that's on the road or getting that way-- and Happy Thanksgiving, again.

-Mallie @ Cricut
CherylfromOz Offline
#20 Posted : Wednesday, November 21, 2012 2:11:01 PM(UTC)
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Originally Posted by: CricutMallie Go to Quoted Post
I've been told we are not ready to give an official answer on this issue. That is all the information I have at this time.

Safe travels to anyone that's on the road or getting that way-- and Happy Thanksgiving, again.

-Mallie @ Cricut




Seriously
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GracefulGrammar Offline
#21 Posted : Wednesday, November 21, 2012 4:04:30 PM(UTC)
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Originally Posted by: CricutMallie Go to Quoted Post
I've been told we are not ready to give an official answer on this issue. That is all the information I have at this time.

Safe travels to anyone that's on the road or getting that way-- and Happy Thanksgiving, again.

-Mallie @ Cricut


When can Gypsy users/owners expect an official answer?

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CricutCrazy Offline
#22 Posted : Wednesday, November 21, 2012 4:53:50 PM(UTC)
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Originally Posted by: CricutMallie Go to Quoted Post
I've been told we are not ready to give an official answer on this issue. That is all the information I have at this time.

Safe travels to anyone that's on the road or getting that way-- and Happy Thanksgiving, again.

-Mallie @ Cricut


Thanks for checking Mallie - We realize that you are only the "messenger" ...the PC execs are the ones we would really like to back up in a dark alley !! LOL Just like almost everything that is done at Provocraft, they did not think things through properly before putting the GYpsy on the market - otherwise, this situation would not exist.
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mom2sidsquid on 11/21/2012(UTC)
mom2sidsquid Offline
#23 Posted : Wednesday, November 21, 2012 5:00:39 PM(UTC)
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Originally Posted by: CherylfromOz Go to Quoted Post
Seriously


Now you already knew that was going to be the answerLOL That's their official answer to every question askedCursing
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CherylfromOz Offline
#24 Posted : Wednesday, November 21, 2012 5:24:13 PM(UTC)
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Originally Posted by: mom2sidsquid Go to Quoted Post
Now you already knew that was going to be the answerLOL That's their official answer to every question askedCursing




I know, stupid of me to think we would actually get clarification, I mean they wrote the Eula, so how hard could it be.
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mom2sidsquid on 11/22/2012(UTC)
TanyaAdams Offline
#25 Posted : Wednesday, November 21, 2012 8:04:09 PM(UTC)
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Maybe PC changed their minds about the EULA like they changed their minds about EXCLUSIVE Circle cartridges! Just sayin.....
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mom2sidsquid on 11/22/2012(UTC)
scrapalette Offline
#26 Posted : Thursday, November 22, 2012 2:07:04 PM(UTC)
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Originally Posted by: TanyaAdams Go to Quoted Post
Maybe PC changed their minds about the EULA like they changed their minds about EXCLUSIVE Circle cartridges! Just sayin.....


Wouldn't that be great for everyone who agreed not to sell linked carts when they agreed to the EULA and linked their carts and have now been selling them? Guess those people changed their minds too.
mom2sidsquid Offline
#27 Posted : Thursday, November 22, 2012 3:18:24 PM(UTC)
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Originally Posted by: scrapalette Go to Quoted Post
Wouldn't that be great for everyone who agreed not to sell linked carts when they agreed to the EULA and linked their carts and have now been selling them? Guess those people changed their minds too.


There's a difference betwwen a company "changing" their mind and people choosing not to honor the EULA!!

I have NOT sold a single linked cart (over 250 carts) so does that mean PC can honor their word to me? I'm just sayin
 2 users thanked mom2sidsquid for this useful post.
Steelwillow on 11/22/2012(UTC), Missie Todd on 11/25/2012(UTC)
CherylfromOz Offline
#28 Posted : Thursday, November 22, 2012 6:31:17 PM(UTC)
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Originally Posted by: mom2sidsquid Go to Quoted Post
There's a difference betwwen a company "changing" their mind and people choosing not to honor the EULA!!

I have NOT sold a single linked cart (over 250 carts) so does that mean PC can honor their word to me? I'm just sayin




I have to agree with you there, I only have 165 carts, they are all sitting on my shelves, all we are asking is for clarification, seems some of PC employees are saying it is now ok to sell linked carts, surely that is not too much to ask for
cheryl d Offline
#29 Posted : Thursday, November 22, 2012 6:36:44 PM(UTC)
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i don't know why everyone is so concerned if PC is not. I for one have sold a few linked carts ...still only one person using them since my gypsy is useless. I have never plugged it into my cricut. i use it as a glorified search engine when i want to find an image . i'll buy a linked cartridge too since i only use my cricut as a cartridge based machine.
GracefulGrammar Offline
#30 Posted : Thursday, November 22, 2012 10:05:29 PM(UTC)
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Originally Posted by: CricutMallie Go to Quoted Post
I've been told we are not ready to give an official answer on this issue. That is all the information I have at this time.

Safe travels to anyone that's on the road or getting that way-- and Happy Thanksgiving, again.

-Mallie @ Cricut



I don't understand how a company can't have an answer about the EULA the company wrote. Either the EULA is in effect or it isn't when selling linked carts and gypsies with linked carts......... It's either yes or no..........
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