TheMagicalStitchShop.com is committed to respecting the privacy rights of users of the Website (all capitalized terms not defined in this Notice have the same meanings as in TheMagicalStitchShop.com Website Terms of Use ). TheMagicalStitchShop.com created this Privacy Policy to give You confidence as You visit and use the Website, and to demonstrate its commitment to fair information practices and to the protection of privacy. This Privacy Policy is only applicable to the Website, and not to any Third-Party Websites, including those owned and operated by Third-Party Service Providers, each of which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Each time You use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time You use the Website You should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Website. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.
(a) Traffic Data. Like most website operators, TheMagicalStitchShop.com automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Website; and (iv) types of Web browsers accessing the Website (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify You. (b) Cookies. A "Cookie" is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. TheMagicalStitchShop.com uses Cookies to customize Your experience on the Website to Your interests, to ensure that You do not see the same advertisements or informational messages repeatedly, and to store Your password so You do not have to re-enter it each time You visit the Website. For additional information on TheMagicalStitchShop.com uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below. IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY. (c) Personal Information. In order for You to use certain of the Services, You must provide to TheMagicalStitchShop.com certain information that personally identifies You ("Personal Information"). Personal Information includes, without limitation: (1) "Contact Data" (such as Your name, mailing address, and e-mail address); (2) "Financial Data" (such as Your account or credit card number); and (3) "Demographic Data" (such as Your zip code, age, and income). In each case, You will be asked to provide Personal Information; the Website will not gather it surreptitiously. TheMagicalStitchShop.com may supplement the Personal Information You provide with additional Personal Information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to TheMagicalStitchShop.com. This Privacy Policy only applies to Personal Information provided by You toTheMagicalStitchShop.com. It does not apply to Personal Information provided by You to Third-Party Websites, including those owned or operated by Third-Party Service Providers, each of which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below. You are under no obligation to provide Personal Information, with the caveat that Your refusal to do so may prevent You from using certain of the Services. (d) Information You Make Public. The Website may contain features – chat rooms, forums, message boards, news groups – that permit You to upload, post, transmit, display, perform or distribute content, information or other, including Your Personal Information. Any information that You choose to disclose by means of such features becomes public information over which TheMagicalStitchShop.com is unable to exercise control. You should exercise caution when deciding to disclose Your Personal Information by means of such features, and You agree to assume all responsibility for doing so.
(a) Traffic Data and Information Gathered Using Cookies TheMagicalStitchShop.com analyzes Traffic Data and information gathered using Cookies to help TheMagicalStitchShop.com better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, TheMagicalStitchShop.com is able to better design the Website to improve Your experience, and to serve You more relevant and interesting content and advertisements. From time to time, TheMagicalStitchShop.com may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. TheMagicalStitchShop.com does not attempt to link information gathered using Cookies to Personal Information. (b) Personal Information (i) Generally. TheMagicalStitchShop.com uses Your Contact Data to send You information about TheMagicalStitchShop.com products and services, and to contact You when necessary in connection with the Services. TheMagicalStitchShop.com uses Your Financial Data to verify Your qualifications for certain Services and to bill You. TheMagicalStitchShop.com uses Your Demographic Data to customize and tailor Your experience on the Website. As with Traffic Data and information gathered using Cookies, from time to time TheMagicalStitchShop.com may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Website. (ii) Disclosure in Connection with Services. TheMagicalStitchShop.com discloses Personal Information to those who help it provide Services, including Third-Party Service Providers and others who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security. With the exception of Delta Airlines, which has its own detailed privacy policy, the third parties to whom TheMagicalStitchShop.com discloses Personal Information all have agreed to abide by this Privacy Policy with respect to the information provided to them by TheMagicalStitchShop.com (although, as discussed below, some of those third parties have separate privacy policies that govern their collection, use and storage of information that You provide to them directly). (iii) By Law or to Protect Rights. TheMagicalStitchShop.com discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or whenTheMagicalStitchShop.com believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of TheMagicalStitchShop.com, third parties or the public at large. (iv) Marketing Communications. As stated in the Website Terms of Use , by using the Website, if You join TheMagicalStitchShop.com's mailing list, you consent to receive from TheMagicalStitchShop.com periodic email communications regarding the Services, new product offers and other matters. ("Marketing Communications"). Instructions on how to opt-out of future mailings will be included in each email TheMagicalStitchShop.com sends You. TheMagicalStitchShop.com will not provide your Personal Information to third parties for the purpose of Marketing Communications. You are under no obligation to receive Marketing Communications, with the caveat that Your refusal to do so may prevent You from using certain of the Services. (v) Business Transfers; Bankruptcy. TheMagicalStitchShop.com reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of TheMagicalStitchShop.com's assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if You are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by TheMagicalStitchShop.com's successor organization. (vi) Unpaid Accounts – If You fail to pay any balance owed in consideration of Services, TheMagicalStitchShop.com may, as permitted by law, report Your Personal Information, including without limitation Your unpaid balance, to consumer credit reporting services, collection agencies and others.)
TheMagicalStitchShop.com has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of Your Personal Information.
You must promptly notify us if Your credit card, user name or password is lost, stolen or used without permission. In such an event, we will remove that credit card number, user name or password from Your account and updated our records accordingly.
TheMagicalStitchShop.com wants Your Personal Information to be complete and accurate. As stated in the Website Terms of Use , by using the Website, You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, Your Personal Information, visit Your personal profile .
TheMagicalStitchShop.com neither owns nor controls Third-Party Websites and Third-Party Service Providers. Accordingly, Third-Party Websites and Third-Party Service Providers are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by StitchAmerica.com. Before visiting or providing Personal Information to a Third-Party Website or Third-Party Service Provider, You should inform Yourself of the privacy policies and practices (if any) of that Third-Party Website or Third-Party Service Provider, and should take those steps necessary to, in Your discretion, protect Your privacy.
From time to time, TheMagicalStitchShop.com may conduct contests, giveaways and other promotions (collectively, "Promotional Activities"). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, TheMagicalStitchShop.com may also ask You to participate in surveys designed to help TheMagicalStitchShop.com improve the Websites or Services. Any Personal Information provided to TheMagicalStitchShop.com in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
Although most changes are likely to be minor, TheMagicalStitchShop.com reserves the right, at any time and without notice, to add to, update, change or modify this Privacy Policy, simply by posting such update, change or modification on this page. Any such addition, update, change or modification will be effective immediately upon posting on the Website. Each time You use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time You use the Website You should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Website. Unless TheMagicalStitchShop.com obtains Your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier Privacy Policy. Effective Date: November 15,2020
These Terms of Use (the "Agreement") constitute a legally binding agreement by and between TheMagicalStitchShop.com and you or your company (in either case, "You" or "Your") concerning Your use of TheMagicalStitchShop.com website (the "Website") and the services available through the Website (the "Services"). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and TheMagicalStitchShop.com Privacy Policy (the "Privacy Policy"). IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy and incorporated herein by reference. TheMagicalStitchShop.com encourages users of the Website to frequently check TheMagicalStitchShop.com Privacy Policy for changes.
Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, TheMagicalStitchShop.com RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless TheMagicalStitchShop.com obtains Your express consent, any revised Privacy Policy will apply only to information collected by TheMagicalStitchShop.com after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, TheMagicalStitchShop.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of TheMagicalStitchShop.com or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate
In connection with Your use of certain Services, You may be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile . For additional information, see the section concerning User Ability To Access, Update, And Correct Personal Information in TheMagicalStitchShop.com Privacy Policy . You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify TheMagicalStitchShop.com immediately on any unauthorized use of Your account, user name, or password. TheMagicalStitchShop.com shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by TheMagicalStitchShop.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also promptly notify TheMagicalStitchShop.com if any credit card that You have provided to us is lost, stolen or used without permission.
Certain of the Services offered through the Website are provided, in whole or in part, by third parties ("Third-Party Services" as provided by "Third-Party Service Providers"). In order to use Third-Party Services, You may be required to enter into additional terms and conditions with Third-Party Service Providers. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MUST NOT USE THE RELATED THIRD-PARTY SERVICES. In the event of any inconsistency between terms and conditions relating to Third-Party Services and the terms and conditions of this Agreement, those additional terms and conditions will control, although only with respect to such Third-Party Services. The providers of Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Providers’ privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY, YOU MUST NOT USE THE RELATED THIRD-PARTY SERVICES.
The Website is linked with the websites of a number of third parties ("Third-Party Websites"), some of whom have established relationships with TheMagicalStitchShop.com (Third-Party Service Providers or TheMagicalStitchShop.com marketing affiliates, for example) and some of whom do not. TheMagicalStitchShop.com does not have control over the content and performance of Third-Party Websites. TheMagicalStitchShop.com HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, TheMagicalStitchShop.com DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. TheMagicalStitchShop.com DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES. YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.
If You sign up for any TheMagicalStitchShop.com newsletter or other email publications, You thereby consent to receive periodic email communications from TheMagicalStitchShop.com regarding the Services, new product offers and other matters
TheMagicalStitchShop.com may make certain software available to You from the Website. If You download software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to You by TheMagicalStitchShop.com, for Your personal, noncommercial use only. TheMagicalStitchShop.com does not transfer either the title or the intellectual property rights to the Software, and TheMagicalStitchShop.com licensors retain full and complete title to the Software as well as all intellectual property rights therein. Except as specifically provided in this Agreement, You may not sell, redistribute, or reproduce the Software, nor may You decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form.
Purchases of Services, including without limitation custom embroidered products, will not be refunded except as specifically set forth in TheMagicalStitchShop.com Guarantee or in any other agreement between you and TheMagicalStitchShop.com . Subject to the Guarantee, all purchases are final.
All items purchased from TheMagicalStitchShop.com are shipped by third-party carriers. Accordingly, the risk of loss and title for such items pass to you upon our delivery to the third-party carrier.
Our Guarantee and refund policy are incorporated into this Agreement.
TheMagicalStitchShop.com imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) violate or attempt to violate any security features of the Website or Services; (b) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (c) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (e) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (f) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (g) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the StitchAmerica.com Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
(a) Compliance with Law You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the TheMagicalStitchShop.com Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the TheMagicalStitchShop.com Marks generated as a result of Your use of the Website and Services will inure to the benefit of TheMagicalStitchShop.com, and You agree to assign, and hereby do assign, all such goodwill to TheMagicalStitchShop.com. You shall not at any time, nor shall You assist others to, challenge TheMagicalStitchShop.com right, title, or interest in or to, or the validity of, the TheMagicalStitchShop.com Marks. (c) Copyrighted Materials; Copyright Notice All Content and other materials available through the Website and Services, including without limitation the TheMagicalStitchShop.com logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by TheMagicalStitchShop.com or are the property of Third-Party Service Providers or TheMagicalStitchShop.com other licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. ALL RIGHTS RESERVED. (d) DMCA Policy As TheMagicalStitchShop.com asks others to respect TheMagicalStitchShop.com intellectual property rights, TheMagicalStitchShop.com respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want TheMagicalStitchShop.com to delete, edit, or disable the material in question, you must provide TheMagicalStitchShop.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TheMagicalStitchShop.com to locate the material; (d) information reasonably sufficient to permit TheMagicalStitchShop.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to TheMagicalStitchShop.com designated agent at: Ray Huff 1269 Fox Creek Road Unit 806 Lawrenceburg, KY
(a) NO WARRANTIES. EXCEPT AS DETAILED IN THE GUARANTEE , TheMagicalStitchShop.com , ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, StitchAmerica.com, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER TheMagicalStitchShop.com NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER TheMagicalStitchShop.com NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES. (b) YOUR RESPONSIBILITY FOR DAMAGE YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD TheMagicalStitchShop.com OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. (c) LIMITATION OF LIABILITY THE LIABILITY OF TheMagicalStitchShop.com AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TheMagicalStitchShop.com OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO TheMagicalStitchShop.com OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF TheMagicalStitchShop.com AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO TheMagicalStitchShop.com DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND US A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TheMagicalStitchShop.com AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. (d) APPLICATION THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND TheMagicalStitchShop.com OR BETWEEN YOU AND ANY OF TheMagicalStitchShop.com ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TheMagicalStitchShop.com THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other TheMagicalStitchShop.com policies, and with any applicable laws or regulations.
You agree to defend, indemnify and hold harmless StitchAmerica.com and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, contractors and Third-Party Service Providers (collectively, the " TheMagicalStitchShop.com Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to TheMagicalStitchShop.com or any of the TheMagicalStitchShop.com Parties of information, content or other data. The TheMagicalStitchShop.com Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the TheMagicalStitchShop.com Parties. You may not settle any Claim without the prior written consent of the concerned TheMagicalStitchShop.com Parties.
(a) By TheMagicalStitchShop.com WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, TheMagicalStitchShop.com RESERVES THE RIGHT TO, IN TheMagicalStitchShop.com SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. (b) Automatic Termination Upon Breach By You This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by TheMagicalStitchShop.com. (c) By You You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to TheMagicalStitchShop.com notice of Your intention to do so, in the manner required by this Agreement. (d) Effect of Termination Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, TheMagicalStitchShop.com may, but has no obligation to, in TheMagicalStitchShop.com sole discretion, delete from TheMagicalStitchShop.com systems all User Content, Your Personal Information and any other files or information that You made available to TheMagicalStitchShop.com or that otherwise relate to Your use of the Website or Services. Subsequent to termination, TheMagicalStitchShop.com reserves the right to exercise whatever means its deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. (e) Legal Action If TheMagicalStitchShop.com, in TheMagicalStitchShop.com discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, TheMagicalStitchShop.com will be entitled to recover from You as part of such legal action, and You agree to pay, TheMagicalStitchShop.com reasonable costs and attorneys’ fees incurred as a result of such legal action. The TheMagicalStitchShop.com Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement. (f) Survival Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 6, 8-9, 11-19 and 21 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed StitchAmerica.com or any Third-Party Service Provider. 21. GENERAL. (a) Entire Agreement; Amendment This Agreement constitutes the entire agreement between StitchAmerica.com and You concerning Your use of the Websites. This Agreement and any other written agreements executed between You and TheMagicalStitchShop.com or any Third-Party Service Providers constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of TheMagicalStitchShop.com or by the unilateral amendment of this Agreement by TheMagicalStitchShop.com and by the posting by TheMagicalStitchShop.com of such amended version. (b) Severability; Waiver If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (c) Assignment This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of TheMagicalStitchShop.com . This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. (d) Relationship You and TheMagicalStitchShop.com are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. (e) Third-Party Beneficiaries Except for the TheMagicalStitchShop.com Parties as and to the extent set forth in Sections 12, 14, 18 and 20(e), and TheMagicalStitchShop.com Third-Party Service Providers, licensors and suppliers as and to the extent expressly set forth in Section 16, there are no third-party beneficiaries to this Agreement. (f) Irreparable Injury You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to TheMagicalStitchShop.com and TheMagicalStitchShop.com Third-Party Service Providers, licensors and suppliers, and would therefore entitle S TheMagicalStitchShop.com or TheMagicalStitchShop.com Third-Party Service Providers, licensors or suppliers, as the case may be, to injunctive relief. (g) Notices All notices required or permitted to be given under this Agreement must be in writing. TheMagicalStitchShop.com shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to TheMagicalStitchShop.com YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH TheMagicalStitchShop.com IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY TheMagicalStitchShop.com OF AN EMAIL TO THAT ADDRESS. You shall give any notice to TheMagicalStitchShop.com by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to 1269 Fox Creek Road Unit 806 Lawrenceburg, KY 40342. All notices to TheMagicalStitchShop.com will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from TheMagicalStitchShop.com electronically satisfies any legal requirement that such notice be in writing.
Copyright © 2024 The Magical Stitch Shop - All Rights Reserved.