By using this web site, you indicate your agreement
to the following terms and conditions of use without any limitation
or qualification. Please read these terms and conditions carefully
before using this web site. Embroidery Universe may at any time
revise these terms and conditions by updating these materials. You
are bound by any such revisions and should therefore regularly visit
this page to review the then current terms and conditions to which
you are bound.
Copyright
All content included on this web site, such
as text, graphics, logos, button icons, images, audio clips, data
compilations, and software, is the property of Embroidery Universe
or its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this web site
is the exclusive property of Embroidery Universe and protected by
U.S. and international copyright laws. All software used on this
web site is the property of Embroidery Universe or its software
suppliers and protected by United States and international copyright
laws.
The use of this content by you, or anyone else
authorized by you, is prohibited unless specifically permitted herein.
Any unauthorized use of the images may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations
and statutes. All trademarks, service marks, trade names, logos
and icons used by Embroidery Universe or any affiliated company
are proprietary to Embridery Universe or that affiliate. Nothing
contained on the web site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark
or service mark displayed on this web site without the written permission
of Embroidery Universe or such third party that may own the trademarks
or service marks displayed on this web site. Your use of the trademarks
or service marks displayed on this web site, or any other content
on this web site, except as provided herein, is strictly prohibited.
Inquiries concerning use of Embroidery Universe's
trademarks, service marks, trade names, logos, icons, copyrights
or other intellectual property should be addressed to:
Embroidery Universe
P.O. Box
Arlington, Texas
Embroidery Universe is free to use any ideas,
concepts, know-how, or techniques contained in any communication
you send to this web site for any purpose whatsoever, including,
but not limited to, developing and marketing products using such
information.
Right To Use Copyrights
and Trademarks
You represent and warrant to Embroidery Universe
that you have right to use, copy and distribute each copyright,
trademark, service mark, trade name, logo, statement, graphic, artwork,
name, photograph, portrait, picture or illusion of any person or
any other intellectual property in the way it is to be printed on
or otherwise applied to the products ordered by you from EmbroideryUniverse.com.
You warrant that in obtaining the material and submitting it to
EmbroideryUniverse.com for reproduction, you have not violated the
property rights of any third party. You agree to indemnify and hold
Embroidery Universe and its owners, officers, employees and agents
harmless from and against any suit, demand, claim, loss, liability,
damage or expense made against Embroidery Universe by reason of
breach of this warranty, and you agree to pay any judgment or settlement
offer resulting from any suit, demand, or claim and to pay any attorney's
fees incurred by Embroidery Universe in defending against any such
suit, demand or claim.
The burden of determining that any material
is not protected by trademark, service mark, copyright or other
proprietary right rests with you. You are solely responsible for
obtaining proper permissions and licenses, except as may be permitted
by copyright law, from third parties whose rights may be violated
or infringed by the use of any material protected by trademark,
service mark, copyright or other proprietary right. A customer may
not use any logo or other graphic material in a manner in which
may infringe on copyright, trademark, service mark or other proprietary
mark. A customer also may not use any logo or trademark in a vulgar,
libelous, disparaging or otherwise unlawful manner. We assume no
responsibility for damages or any wrong doing that the customer
may cause using a logo, trademark or copyrighted items. You agree
to indemnify and hold Embroidery Universe harmless from and against
any suit, demand, claim, loss, liability, damage or expense made
against or incurred by Embroidery Universe by reason of the unauthorized,
improper, or illegal use of any logo or trademark or copyright that
is printed on or otherwise applied to promotional merchandise ordered
or purchased by the customer through EmbroideryUniverse.com.
Accuracy of Colors
Embroidery Universe has displayed as accurately
as possible the colors and graphics of the products that appear
on the site. However, we cannot guarantee that your monitor's display
of any color and or graphic will be accurate. The colors shown on
the site are for reference only. The colors you see will depend
on your monitor and may be slightly different from the actual colors
of the products. We will have no liability whether for damages,
return of merchandise for credit or otherwise, as a result of any
variances between the appearance of colors and or graphics displayed
on your monitor and on any finished product purchased by you from
EmbroideryUniverse.com.
Disclaimer of Warranties
Embroidery Universe may provide links and pointers
to internet web sites maintained by third parties. Embroidery Universe
does not operate or control in any respect any information, products
or services on these third-party web sites. The materials in the
Embroidery Universe web site and the third-party web sites are provided
"as is" and "as available" and without warranties
of any kind either express or implied. To the fullest extent permissible
pursuant to applicable law, Embroidery Universe disclaims all warranties,
express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose.
Embroidery Universe does not warrant that the
functions contained in the materials will be uninterrupted, timely,
secure or error-free, that defects will be corrected, or that the
Embroidery Universe web site, including bulletin boards, or the
server that makes it available, are free of viruses or other harmful
components. Embroidery Universe does not warrant or make any representations
regarding the use or the results of the use of the materials in
the Embroidery Universe web site or in third-party web sites in
terms of their correctness, accuracy, timeliness, reliability or
otherwise. You assume the entire cost of all necessary maintenance,
repair or correction. Embroidery Universe makes no warranty regarding
any goods or services purchased or obtained through the Embroidery
Universe web site or the newsletters or any transactions entered
into, directly or indirectly, through the Embroidery Universe web
site or the newsletters.
You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of
the Embroidery Universe web site or the newsletters is at your own
discretion and risk and that you will be solely responsible for
any damage to your computer system or loss of data that results
from the download of such material and/or data.
No advice or information, whether oral or written,
obtained by you from Embroidery Universe or through or from the
Embroidery Universe web site, bulletin boards or newsletters shall
create any warranty.
Limitation of Liability
Under no circumstances, including, but not
limited to, negligence, shall Embroidery Universe, or its affiliates
be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use, Embroidery
Universe content even if Embroidery Universe or a Embroidery Universe
authorized representative has been advised of the possibility of
such damages. Applicable law may not allow the limitation or exclusion
of liability of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. You specifically acknowledge
and agree that Embroidery Universe is not liable for any defamatory,
offensive or illegal conduct of any user. If you are dissatisfied
with any Embroidery Universe content, or with any of Embroidery
Universe's terms and conditions, your sole and exclusive remedy
is to discontinue using the Embroidery Universe web site and/or
Embroidery Universe's services.
In no event shall Embroidery Universe's total
liability to you for all damages, losses, and causes of action exceed
the amount paid by you to access this web site. Embroidery Universe
assumes no responsibility and shall not be liable for any damages
to, or viruses that may infect, your computer equipment or other
property on account of your access to, use of, or browsing in this
web site or your downloading of any materials, data, text, images,
video or audio from this web site.
Restrictions On Use Of
Materials
This web site is owned and operated by Embroidery
Universe. Permission is granted to access and navigate around this
web site with a computer using HTML browser software, solely for
personal, non-commercial use. You may not distribute, adapt or create
derivative works, retransmit, reuse, repost or use the content of
this web site for public or commercial purposes, including the text,
images, audio and video, without Embroidery Universe's written permission.
Except as otherwise permitted by Embroidery
Universe, no materials from www.EmbroideryUniverse.com or any other
web site owned, operated, licensed or controlled by Embroidery Universe
may be copied, reproduced, republished, uploaded, posted, transmitted
or distributed in any way. You may download material displayed on
this web site for non-commercial, personal use only provided you
also retain all copyright and other proprietary notices contained
on the materials. Embroidery Universe does not warrant or represent
that your use of materials displayed on this web site will not infringe
rights of third parties not owned by or affiliated with Embroidery
Universe.
Indemnity
You agree to indemnify and hold Embroidery
Universe and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand,
including reasonable attorney's fees, made by any third party due
to or arising out of content you submit, post to, upload or transmit
through the LogoDogz web site, your use of the Embroidery Universe
web site, newsletters, your connection to the Embroidery Universe
web site and newsletters, your violation of the Terms and Conditions,
or your violations of the rights of any person or entity.
Termination
This agreement is effective until terminated
by Embroidery Universe, at any time with or without notice. In the
event of termination, you are no longer authorized to access the
newsletters or the Embroidery Universe web site, including, without
limitation, bulletin boards, and the restrictions imposed on you
with respect to material downloaded from the newsletters and the
Embroidery Universe web site, the disclaimers, indemnities and limitations
of liabilities set forth in this agreement, shall survive.
Modification of Terms
and Conditions
Upon notice published on the Embroidery Universe
web site, or such other notice as may be given; Embroidery Universe
may amend or modify these Terms and Conditions, or impose new conditions
on use, at any time. Your use of this service after such notice
shall be deemed to constitute acceptance of the new Terms and Conditions.
Modification of Web Site
Embroidery Universe may modify or discontinue
the Embroidery Universe web site with or without notice to you and
without liability to you or any third party.
Other
This agreement constitutes the entire agreement
between Embroidery Universe and you with respect to the subject
matter contained in this agreement and supersedes all previous and
contemporaneous agreements, proposals and communications, written
and oral. This agreement shall be governed by and construed in accordance
with the laws of the State of Texas without giving effect to any
principles or conflicts of law. If any provision of this agreement
shall be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining provisions.
The section titles in the Terms and Conditions are for convenience
only and have no legal or contractual effect.