Effective Since August  6, 2018

IMPORTANT:

Please read these Terms of Use (the 'Agreement') carefully. This Agreement governs your use of websites owned or operated by embroiderykits, Inc. (“embroiderykits”) or permutations of those sites, including certain co-branded versions of those sites with third parties that refer to these Terms of Use by a direct hyperlink (collectively, the 'Websites') and the services provided by embroiderykits through or in connection with the Websites (collectively, the 'Service'). Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service.

1. embroiderykits IS ONLY A VENUE. The Websites act as online marketplaces for You to find and transact with registered members of the Websites ('Members'), other non-registered users and buyers or sellers (collectively the 'Users') showing products or services on the Service or otherwise associated with the Service. embroiderykits does not sell any products or provide any services (except the Service) and is not a party to any transaction You may make with any seller. No endorsement of any third party products or services is expressed or implied by any information. embroiderykits does not have any responsibility for, or liability related to, any products and services listed on the Websites. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider.

embroiderykits has no control over and does not warrant in any way that prices, shipping costs, taxes, products or descriptions provided by sellers or other third parties, or any other content of the Websites is accurate, complete, reliable, current or error-free. embroiderykits is not liable for any delays, inaccuracies, fraud, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services. Any information on the Websites can change without notice.

1. TRANSACTIONS. You may post content or view content posted by Users on the Service. You may act as seller or buyer and correspond with. embroiderykits is not a party to any transactions between You and the Users of the Websites.

You may complete transactions as follows:

1. Transaction Processing by the Seller. For certain transactions: (i) sellers direct buyers to the seller's website for transaction processing, or (ii) sellers provide buyers with sellers' contact information to complete a transaction. embroiderykits never collects credit card information from buyers for transactions conducted through these methods.
2. Third Party Transaction Processing. In other cases, sellers may refer buyers to third parties, such as an escrow service, for transaction processing.
3. The Agreement and any terms of service established by third parties govern all transactions through the Service. embroiderykits and embroiderykits Partners assume no liability, obligation or responsibility in connection with any transactions between You and the Users of the Websites.

In so far as permitted by law, if You have a dispute with any User or any third party, including any sellers of products, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

1. LINKS. embroiderykits and embroiderykits Partners may provide links to external websites or resources which are not the Websites for your convenience and reference only. embroiderykits and embroiderykits Partners have no obligation to review any sites linked to the Websites, do not control or endorse, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk.
2. MEMBER REGISTRATION. You must register as a Member with embroiderykits to access certain functions of the Websites. The Registration Data will be collected, used and disclosed in accordance with embroiderykits's Privacy Policy. You may not use the Websites and Service if your embroiderykits account has been suspended. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. embroiderykits and its service providers are not liable for any loss that You may suffer through the use of your password by others.
3. OWNERSHIP. All of the material included on the Websites or provided in the Service, including but not limited to trademarks, text, graphics, logos, service marks, trade dress and copyrights (collectively, the 'Content'), is the property of embroiderykits and other parties. U.S., Canadian and international copyright laws protects all Content available on the Websites. The overall design and layout of the Websites constitutes the exclusive trade dress of embroiderykits, and is protected pursuant to trademark laws. You may not modify, copy, distribute,transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
4. LICENSE.
1. Grant of License. You hereby grant to embroiderykits, on all media, whether now known or hereinafter devised, a non-exclusive, irrevocable, worldwide, perpetual, sublicensable, assignable, royalty-free license to: display, publish, use, translate, create derivative works from, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by You to embroiderykits ('Member Content') including seller and product reviews (as described below) and display your name or User name, trademarks and service marks (as used in connection with Member Content) and exercise copyright and other intellectual property rights You have in the Member Content, in any past, current or future media. You also waive all moral rights You have in the Member Content to the fullest extent permitted by law. Unless or until embroiderykits specifies another form of delivery of Member Content or another URL address, You may submit Member Content to embroiderykits at async https://www.embroiderykits.biz/. As the sole consideration for the license and rights granted to embroiderykits under the Agreement, embroiderykits will consider posting Member Content on the Websites.
2. Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content You submit to embroiderykits, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by embroiderykits to others.
5. ACCEPTABLE USE OF THE WEBSITES. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.

In addition, the following rules apply to your use of the Service:

1. You certify to embroiderykits that You are of the age of majority within your province of residence and that You are able to form legally binding contracts.
2. You assume full responsibility for the use of the Service by any dependent minors.
3. Your use of the Service is subject to all applicable local, provincial, federal and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
4. You are solely responsible for the content of your transmissions. You acknowledge and agree that embroiderykits does not endorse the actions, the contents of communications, or the products of Users.
5. You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.
6. You must complete all transactions You agree to complete in connection with the Service.

 

PROHIBITED CONDUCT. You must not: (i) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (ii) directly or indirectly interfere or attempt to interfere with the proper working of the Websites, any account, or any communication or transaction being conducted on our Websites; (iii) use any robot, spider, scraper other automatic device, or manual process to monitor or copy our web pages or the Content for any purpose without our prior expressed written permission; (iv) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (v) use or disclose (to anyone except embroiderykits where legally permitted) any information You obtain about or from other Users of the Service, or which You obtain from embroiderykits, for any improper purpose.

REVIEWS. You may submit reviews to describe your shopping experiences with sellers and service providers. In submitting reviews:

1. You agree only to submit a review in good faith about a seller from whom You have actually purchased or attempted to purchase products or services. Your review must be an accurate description of your experience with the seller.
2. Any review that You submit is subject to the terms, conditions and restrictions described elsewhere in this Agreement.

embroiderykits may impose reasonable restrictions on reviews, and establish rules to help ensure that reviews are legitimate and appropriate. embroiderykits may, in its sole discretion, omit or remove any seller review that it determines violates any requirements in this Agreement or any other agreement. Sellers may dispute the validity of a review, and embroiderykits may, in its sole discretion, remove the review or take other actions that it believes are appropriate.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

© 2018 embroiderykits.