MyEmbroideries.com
Terms of Use
Saturday, November 07, 2009
The MyEmbroideries.com website (the "Site") is owned and operated by VSM Group AB.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE. VSM GROUP ABRESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Intellectual Property
The contents of the Site are protected by copyright, trademark and other intellectual
property laws. This Site and all materials available on the Site are the property
of VSM Group AB and/or its affiliates or licensors (herein after collectively referred
to as “VSM”).
1.1 Copyright.
You may not use the Site, or the materials available on the Site, in a manner that
constitutes infringement of our rights or that has not been authorized by us. Unless
explicitly authorized in these Terms of Use or by the owner of these materials,
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, SELL, CREATE
DERIVATIVE WORKS OF, EXPLOIT OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT WRITTEN PERMISSION OF SVP
WORLWIDE. However, you may print and/or download individual pages of the Site solely
for your personal, non-commercial use, provided that you do not to change or delete
any copyright or proprietary notices from the materials.
1.2 Trademarks.
MY EMBROIDERIES, MyEmbroideries.com, SINGER, HUSQVARNA VIKING, PFAFF and other trademarks
and service marks used in the Site are exclusive property of VSM. No rights to the
use of these trademarks or services marks are licensed by this Agreement.
1.3 Submissions.
By posting or submitting any material (including, without limitations, digital images
and videos) to the Site or by email (or by any media now known or hereafter developed)
to VSM, you are representing: (1) that you are the owner of the material or that
you are making your posting or submission with the express consent of the owner
of the material; and (2) that you are 13 years of age or older. Further, when you
post or submit any material, you agree to grant to VSM, and to anyone authorized
by VSM, a non-exclusive, royalty-free, irrevocable, unrestricted, worldwide, perpetual
license (including the right to sub-license) to use, copy, modify, sell, exploit,
, distribute, transmit, create derivative works of, publicly display and perform
any such materials, in whole or in part, The foregoing grant includes the right
to exploit any proprietary rights in such posting or submission, including, but
not limited to, rights under copyright, trademark or patent laws under any relevant
jurisdiction. You also grant to VSM, and anyone authorized by VSM, the right to
identify you as the author of any of your postings or submissions. You may be identified
by name, email address or screen name, as we deem appropriate. You agree that you
shall have no recourse against VSMfor any alleged or actual infringement or misappropriation
of any proprietary right in your communications to VSM.
2. Use of the Site.
You understand that, except for information, products or services clearly identified
as being supplied by VSM, VSMdoes not operate, control or endorse any information,
products or services on the Internet in any way. You may establish a hypertext link
to the Site provided that the link does not state or imply any sponsorship of your
site by the Site or by VSM. To the fullest extent permitted by law, VSM disclaims
any warranties for viruses or other harmful components in connection with the Site.
You are responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
VSM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND VSM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
VSM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR
RISK. VSM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL VSM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF VSM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
VSM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
VSM makes no representations whatsoever about any other web site which you may access
through the Site or which may link to the Site. When you access a non-VSM web site,
please understand that it is independent from VSM, and that VSM has no control over
the content on that web site. In addition, a link to a VSM web site does not mean
that VSM endorses or accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless VSM, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of VSM and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5. Termination.
We may cancel or terminate your right to use the Site or any part of the Site at
any time without cause and without notice to you in our sole discretion. In the
event of cancellation or termination, you are no longer authorized to access the
part of the Site affected by such cancellation or termination. The restrictions
imposed on you with respect to material downloaded from the Site, and the disclaimers
and limitations of liabilities set forth in the Agreement shall survive.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of
the State of New York and the laws of the United States, without giving effect to
any principles of conflicts of laws. You agree that any legal action or proceeding
between VSM Group AB and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in the State of New York. You agree that any cause
of action arising out of or related to the Site must be commenced within one (1)
year after the cause of action accrues; otherwise, such cause of action shall be
permanently barred. VSM’s failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. VSM may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE. © 2007 VSM Group AB. All rights reserved.