PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY (the "Terms of Use").
This site, www.quiltcreator.com (the "Site"), is owned by Quiltcreator.com LLC. ("us", "we" or "our"). Access to and use of this Site are subject to these Terms of Use and all applicable law. By using the Site, you are deemed to have agreed to these Terms of Use.
We may change these Terms of Use at any time. We will post a notice here when we make material changes to these Terms of Use. You agree to check these Terms of Use periodically for changes, and by using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not use this Site.
Intellectual Property
All intellectual property on this Site is owned by Quiltcreator.com LLC or its affiliates or licensors, including all materials protected by national and international copyright, trademark and patent laws. The content in this Site, including all text, graphics, data, photos and code, is a collective work under the United States and other copyright laws, all rights reserved. All trademarks, service marks, and trade names (i.e., the quiltcreator name, the quiltcreator stylized "quilt swatch" logo, design descriptions, quilt building terminology used on the Site, and other marks) are trademarks or registered trademarks of Quiltcreator.com LLC or its affiliates.
You must follow and observe all copyright and other notices or other restrictions contained in any parts of the Site. Unless we say otherwise, you may access the materials located within the Site only for your personal use to place an order or to purchase our products. You agree not to change or delete any trademark, legend, copyright or other ownership notice from any materials on this Site or copied, downloaded or printed from this Site.
You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another website, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
You agree that you will not frame (whether visible or invisibly framed) any page within the Site or pages linked to or framed within the Site. You agree that you will not juxtapose the "quiltcreator.com" or "quiltcreator" names and marks and any link to a quiltcreator.com web page with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between us, on the one hand, and you or any other person or entity, on the other hand.
We retain all rights, title and interest in the Site and all underlying technology and data including any enhancements and improvements thereto. You will not and will not allow others to attempt to access any proprietary or confidential information contained in the Site, including but not limited to reverse engineering, decompiling, disassembling, merging, copying, using, disclosing, selling or transferring the underlying source code or structure or sequence of any of our technology or deleting or altering author attributes or copyright notices.
Registered Users
You are not required to register on the Site to design or purchase products from the Site. However, if you would like to save a partially completed design, to view any open or past orders on the Site, or otherwise to be recognized on the Site, you have the option of signing up to become a registered user on our Site at any time. Registered users must create a user ID and password.
When becoming a registered user of the Site, you agree to provide true, accurate and complete user information.
Registration privileges are granted by us specifically to individuals exclusively and granted to the registered users only. We have the right to refuse service to any member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that refuses to abide by the Terms of Use.
Passwords
You should safeguard your user ID and password. You are not permitted to share your user ID and password information with others. You agree to use the Site for your own use and not allow others to use the Site under or through your user ID and password. You are responsible for maintaining the confidentiality of your user ID and password, and you agree to notify us as soon as you discover any unauthorized use of your user ID and password. We are not responsible for any loss that results from the unauthorized use of your user ID and password, with or without your knowledge.
E-mail
We utilize email as a vital and primary communication channel with you. By using the Site, you grant us permission to communicate with you by email (as well as other communication channel such as phone and fax) for any purposes related to your use of the Site, including, but not limited to, system messages, product updates, service announcements and other marketing purposes. We will use our best efforts to honor your request to opt out of marketing messages, but under no circumstances will we have any liability for sending any email to any user of the Site. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Product Orders
Whether or not you have signed up as a registered user of the Site, you may place orders on the Site. All orders placed through the Site are subject to our acceptance. This means that we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If you credit card has been charged for an order that is later cancelled, we will issue you a refund. You agree to pay for all products you order using the payment method indicated, and you agree to provide us express authorization to charge such fees to your payment provider. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be your responsibility. If payment is not current, we may immediately cancel your order and, if you are a registered user, cancel your registration on the Site.
It is your responsibility to promptly provide us with any contact or billing information changes or updates, including phone number, email address and credit card numbers.
Prices for products are as published on the Site and are incorporated into these Terms of Use by reference. All prices are in United States dollars. Prices and products may change at our discretion. Title and risk of loss for all products ordered by you shall pass to you on our delivery to the shipping carrier. Purchases are subject to our Return Policy. You must notify us about any billing problems or discrepancies within 30 days after charges first appear on your account statement. If it is not brought to our attention within 30 days, you will waive your right to dispute such problems or discrepancies.
Age and Geographic Restrictions
You must be at least 13 years of age to use this Site. If you are between 13 and 18 years old, you must have your parent/guardian's permission to use the Site and post any content on the Site.
We only accept orders for products that are shipped to locations within the United States of America.
User-Generated Content and Usage Restrictions
"User-Generated Content" refers to communications, materials, information, opinions, and other content posted, uploaded, or otherwise transmitted by users accessing this Site, including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise.
From time to time, we may allow our registered users - correct to post User-Generated Content on this Site. You agree that you will:
By posting, uploading or otherwise transmitting User-Generated Content to or on the Site, you represent that you own or control all rights in such User-Generated Content. You are responsible for the creation and compilation of your User-Generated Content, and ensuring that any User-Generated Content that you post, upload or otherwise transmit does not, and will not, violate anyone else’s rights.
We will not prescreen User-Generated Content, or guarantee that the Site will be free from User-Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We merely act as a passive channel for such distribution and do not undertake any obligation or liability relating to any User-Generated Content or activities of registrants or users on the Site. That said, we reserve the right to, edit, remove, or refuse to post any User-Generated Content or terminate your registration for any reason.
Upon placing your order, you acknowledge that we may review your order, and the User-Generated Content it contains, for adherence to our guidelines and compliance with these Terms of Use.
Our Rights to Posted User-Generated Content
Your User-Generated Content is not confidential or proprietary.
You will retain all ownership rights to any User-Generated Content submitted to the Site. By submitting any User-Generated Content to the Site, you grant to us a non-exclusive, non-revocable, worldwide, perpetual right to use your User-Generated Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign and commercialize without any payment due to you.
Complaints
You should immediately notify us in writing of any objectionable or User-Generated Content appearing on the Site. We will make good faith efforts to investigate allegations that any User-Generated Content violates these Terms of Use but make no promise that we will edit or remove any specific User-Generated Content.
Quilt Designs and Customization Policy
In designing products on our Site, you will be permitted to select from swatches, fabrics, layouts and quilt and blanket sizes that we make available from time to time on the Site. In designing or creating any products on our Site, you will not use any content or design element that we, in our sole judgment and discretion, believe would be controversial or offensive, would subject us to legal liability, or would cause damage to our public reputation or business. If your product design is unacceptable, your order will be cancelled and you will be notified via e-mail. A product design may be declined for either of the following reasons:
With respect to any Content submitted by you and incorporated into a product, you will not assert or suggest in any way that we or any other person has approved such design. By submitting an order for any product through the Site, you grant to us a non-exclusive, non-revocable, worldwide, perpetual right to use, copy, reproduce, modify, publicly display and distribute such product, or any design incorporated into such product, without any payment due to you.
Links on our Site
These Terms of Use apply only to the Site, and not to the sites of any other companies or organizations, including those to which the Site may link. We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
Copyright Infringement Complaints
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that Site materials infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the Site, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to:
Quiltcreator.com LLC.
730 Lakeview Parkway
Vernon Hills, Illinois 60061
customerservice@quiltcreator.com
We suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA.
Disclaimers
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER USERS OF THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, OUR LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless Quiltcreator.com LLC our representatives, officers, directors, employees, agents, licensors and suppliers from and against all liabilities, losses, claims, damages, costs, and expenses, including attorneys fees, that arise from or relate in any way to your use of the Site, transmission of all communications on the Site or from your violation of applicable law.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy for more information on the collection and use of information on this Site.
Governing Law
These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these Terms of Use will be filed only in courts located in the State of Illinois, USA, and you consent to the jurisdiction of such courts.
Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises.
Injunctive Relief
In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
Miscellaneous
If any provision of these Terms of Use is held to be unenforceable, this holding will not affect the validity of the other provisions.
These Terms of Use are for the benefit of Quiltcreator.com LLC, our subsidiaries, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Our failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use.
We may assign our rights and duties under this Agreement to any party at any time without notice to you
These Terms of Use may be modified only by our posting of changes to these terms and conditions. Any inquiries concerning these terms and conditions of use should be directed to customerservice@quiltcreator.com.
Termination
We reserve the right in our sole discretion to terminate or restrict your use of all or any part of the Site, without notice, for any or no reason, and without liability to you or anyone else. The Terms of Use relating to Intellectual Property, Our Rights to Posted User-Generated Content, Disclaimers, Limitation of Liability, Indemnity, and Miscellaneous shall survive any termination.