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User Agreement

 

User Agreement

Terms of service: an agreement between you and FASTSTITCHEMBROIDERY (IDML) to enter and use this website and services.

Welcome to the FASTITCHEMBROIDERY website and services.

We hope you enjoy your use of our facilities. Please read the following carefully…

  1. FASTSTITCHEMBROIDERY (IDML) Services:
  • Create, design, and customise products that are listed for sale.
  • Buy products that are listed for sale
  • Save and share designs that you may have created
  • Use our fun picture and design tools.
  • Save created images and designs into public and personal galleries.
  • Registering to subscribe to special offers and use of galleries.
  1. Using our FASTITCHEMBROIDERY (IDML) Services and Website:

In consideration of the promises and obligations given, and intending to be legally bound, these Terms of Use provide as follows.

2.1) Eligibility for Children under 18.

FASTITCHEMBROIDERY (IDML) will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

 

            2.2) Definitions and Interpretation

                        In these Terms of Use

  • Intellectual Property Rights means all industrial, commercial and intellectual property rights.
  • A person means any form of legal entity as well as any quasi-legal entity.
  • A User means any person using the website and/or services provided by FASTITCHEMBROIDERY and Piki Print (the design interface)
  • A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.

 

  1. User’s Obligations

 

3.1) Responsibilities

            Users are and shall be wholly and exclusively responsible, at

            their own cost, for all equipment necessary to access and use

            the Website and services;

            the use that it makes of the Website, including any article,

            material, literary or artistic work, design or other matter that they

            create, develop or produce;

            complying with all laws, regulations and rules in the uses

            country or jurisdiction;

            complying with any recommendations or guidelines issued by

            FASTITCHEMBROIDERY with respect to the use of the Website

And/or services and ensuring that all electronic or other media it uses in connection with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

 

3.2) Restrictions on Users

            Users shall not and has no right to either:

  • Reproduce, publish, distribute and/or resell either the Website and/or service to any person.
  • Use either the Website to supply any service to any person
  • Modify, adapt, disassemble and/or reverse engineer the Website or service.
  • Access or use the Website and/or service to create and distribute any material that infringes the rights of any person.
  • To create and distribute any materials deemed libellous, defamatory, slanderous, condones, promotes, contains or links to adware, cracks, hacks or similar utilities programmes.
  • Create and distribute any materials that contain explicit sexual content
  • Create and distribute any materials that may offend any group or groups of people or that is designed to harass or threaten others.
  • Create or distribute any materials that exploit images or the likeness of minors.
  • Create or distribute any materials that encourage the use of drugs or the under-age use of alcohol or cigarettes.
  • Use “Spam”, “blast-faxes” or recorded telephone messages to market or sell any products or services.
  • Use, transfer or implant a virus or any like programme that disrupts, disables or otherwise has a detrimental affect on the Website and/or the PIKIWARE® Platform.
  • Take any action that imposes any unreasonable load on the Website or the Service.
  • Use any device or process to monitor the activity on or copy pages from the Website or the Service,
  • Collect electronic mail addresses or other information from the Website,
  • Impersonate another person or entity
  • Assist any person to engage in any activity that is prohibited by these Terms of Use
  • Display or link the Website in such a manner that it appears to be a part of someone else’s website without specific agreement.

 

USER ACKNOWLEDGES AND AGREES THAT FASTITCHEMBROIDERY (IDML) MAY IN ITS SOLE DISCRETION TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

 

  1. FASTITCHEMBROIDERY (IDML) Obligations

 

4.1) Access to and use of the Website and Services: Subject to the user complying with these Terms of Use, FASTITCHEMBROIDERY (IDML) shall allow user to access and use the Website and the services

4.2) Privacy: FASTITCHEMBROIDERY (IDML) may collect personal data concerning the user in the course of use of the Website and services. Please see our Privacy Policy for further information.

4.3) Training: User acknowledges that FASTITCHEMBROIDERY (IDML) has no obligation to user to provide any training in relation to the use or operation of the Website and/or Service.

4.4) Modification of the Website: FASTITCHEMBROIDERY (IDML) reserves the right to modify the Website and/or the services. We may change, suspend or discontinue any aspect of the Website and/or service at any time without notice or any liability to user or any person. FASTITCHEMBROIDERY (IDML) shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

 

  1. Intellectual Property Rights

5.1) Reservation of title

            These Terms of Use do not convey or derives any right, title or

            to any Intellectual Property Rights that relate to the Website

and/or the services provided other than to express authorisation set out in clause 4.1.

FASTITCHEMBROIDERY (IDML) grants user a limited licence to access and use the website and the service for its intended purposes, subject to user’s compliance with these Terms of Use.

            This licence does not include the right to collect or use

            information contained on the Website for purposes prohibited by

            FASTITCHEMBROIDERY (IDML);

            If user uses the Website in a manner that exceeds the scope of

            this licence or if it breaches these Terms of Use, we may revoke

            the licence and deny access to and use of the Website.

 

5.2) Prohibition on infringement

            User acknowledges and agrees that FASTITCHEMBROIDERY

            (IDML) does not permit, authorise or condone and expressly

            prohibits user from using the Website and/or the services in a

            manner that infringes, or is likely to infringe, the Intellectual

            property Rights, or any other rights or privileges, of any person

            anywhere in the world.

 

5.3) Derivative material

            Subject to clause 5.2, user shall own any Intellectual Property

            Rights in any original material that it authors, designs or creates

            using the Website. If the user chooses to add any item to a

            public gallery, in consideration of the authorisation granted

            under 4.1. User hereby grants to FASTITCHEMBROIDERY

            (IDML) licence to do all acts and things comprised within the

            said Intellectual Property Rights.

 

  1. Registration

User Account, Password and Security: You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account. You are fully responsible for all activities that occur under your password or account. You must notify FASTITCHEMBROIDERY (IDML) of any unauthorised use of your password or account or any other breach of security. Please ensure that you exit from your account at the end of each session. FASTITCHEMBROIDERY (IDML) cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

  1. Warranties

7.1) User Warranties: User agrees that in its use of the Website and the Services provided, it:

  • Will not infringe the Intellectual Property Rights or any other legal right of any person and will comply with all applicable laws, rules and regulations.

User agrees there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;

FASTITCHEMBROIDERY (IDML) will not be required to make any payments or compensation to any person in connection with its use of such content; and such content does not contain viruses or any other programmes or technology which disrupts or damages the Website and/or the Services provided.

 

            7.2) FASTITCHEMBROIDERY (IDML)’s warranties: We have the

right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

 

7.3) Caveats:           

FASTITCHEMBROIDERY (IDML) provides the Website and

            Services on an “as is” and “as available” basis. Nothing in these

            Terms of Use shall or may be construed as a representation or

            warranty by FASTITCHEMBROIDERY (IDML) that the

            functionality or operation of the Website and/or services will:

 

  • Be uninterrupted or free of errors and inaccuracies;
  • Meet users requirements; or
  • Operate in the configuration or with the hardware or software used by user.

User agrees that the Website and the service (as with technology in general) may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in use of the Website and/or services provided.

FASTITCHEMBROIDERY (IDML) does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the Internet are impaired or disrupted and for which FASTITCHEMBROIDERY (IDML) is not liable.

FASTITCHEMBROIDERY (IDML) does not warrant that any data, information and other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

7.4) Exclusion of implied Warranties: SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY FASTITCHEMBROIDERY (IDML), THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIETY ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5) No representation of reliance

      - User acknowledges that no one has made any inducement to

The user to enter into these Terms of Use, except for those expressly set out in these Terms of Use.

-User acknowledges and confirms that it does not enter into these Terms of Use because of any representation or inducement on behalf of FASTITCHEMBROIDERY, except for

those expressly set out in these Terms of Use.

 

  1. Exclusion and Limitation of Liability

8.1) Subject to law Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:

            (a) implied condition, warrant or other term of these Terms of

use where pursuant to applicable law to do so is unlawful or      void.

(b) liability in respect to a breach of these Terms of use where pursuant to applicable law to do so is unlawful or void.

(C) liability for fraud or deceit

(d) liability for death or personal injury caused by the negligence of either party.

 

            (8.2) Exclusion of liability: Subject only to Clause 8.1, in no event

Shall FASTITCHEMBROIDERY (IDML) be liable to user or to any  person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or services provided for:

  1. malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

-any third party

-actions of users that were not expressly authorised by FASTITCHEMBROIDERY

-accident, misuse or abuse by anyone other than FASTITCHEMBROIDERY.

-alteration of the Website and/or service by anyone other than FASTITCHEMBROIDERY

-products (including hardware or software) not licensed or supplied by us.

-power surge or failure

-events outside of our actually control

-any other condition not arising under normal operating conditions.

 

  1. any loss, cost or damage of any nature arising or caused by any breach of users obligations or responsibilities set out in these Terms of use.
  2. Any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
  3. Subscribers liability to any person
  4. Incidental or consequential damages of any nature, whether such liability is asserted on the basis of common or civil law notwithstanding that FASTITCHEMBROIDERY (IDML) has been advised of the possibility of any particular loss or damage.

 

8.3) Links: FASTITCHEMBROIDERY (IDML) may place links on the Website to other websites that are owned and operated by other persons. User acknowledges and agrees that FASTITCHEMBROIDERY (IDML) is not responsible for the operation of or content located on any such website. We cannot and do not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to visit these other websites, the user acknowledges and agrees that it may not make any claim against us for any damages of any kind arising from the other website and/or link.

 

8.4) Limitation of Liability Subject to Clause 8.1 and except to extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, our sole liability to Subscriber for any and all breaches of term or terms of these Terms of Use shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

 

8.5) Indemnity User shall indemnify and hereby releases unconditionally FASTITCHEMBROIDERY (IDML), without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to:

 

  1. its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use
  2. any breach or alleged breach by it of Terms of Use
  3. the misuse or misappropriation of the said media content
  4. any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise in anywhere in the world.
  1. Termination

9.1) Termination

a) At any time FASTITCHEMBROIDERY (IDML) may immediately terminate either these Terms of Use or any or all rights and privileges grated to user, including suspending users access to/or use of the Website and/or the Services provided by us. In no event shall any such termination or suspension by FASTITCHEMBROIDERY (IDML) relieve user of any obligation to these Terms of Use prior to the date of termination or suspension.

b) User may terminate these Terms of Use at any time by ceasing to enter the website and using the services

 

            9.2) Effect of Termination

a) On any expiry or termination of these Terms of use, FASTITCHEMBROIDERY (IDML) may delete any content relating to users use of the Website and/or the services provided and FASTITCHEMBROIDERY (IDML) shall have no liability to user or any person for doing so.

b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.

 

  1. General

10.1) Severability: If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:

a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable

b) it does not affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

 

            10.2) Variation: FASTITCHEMBROIDERY (IDML) may amend these

            Terms of Use at any time. The user agrees to abide by such amended

terms. The amended terms shall be effective automatically and immediately once they are posted on the Website and user’s continued access and use the Website and the Services on or after such effective time constitutes the user’s acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the FASTITCHEMBROIDERY (IDML) Services.

 

10.3) Waiver: A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

 

10.4) Assignment FASTITCHEMBROIDERY (IDML) may at any time transfer, assign or otherwise dispose of any of all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

 

10.5) Governing Law and Jurisdiction

a) These Terms of Use shall be governed by a construed in accordance with the law in force for the time being in the United Kingdom (without regard to its conflict of law rules).

b) Each party irrevocably submits to the exclusive jurisdiction of the courts of the United Kingdom, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.


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