1. The Websites
The Websites are intended to serve as an online learning environment through which registered users (Users) may subscribe to access courses of video lectures (E-Classes) and associated study materials and background materials presented by Embroidery Legacy instructors (Instructor). The Websites will also serve as an online social network through which Users may communicate and interact with other Users, share their own User Submissions and view the User Submissions of other Users. Embroidery Legacy offers for sale through the Websites products pertinent to the E-Classes as well as software, designs and notions for the embroidery industry.
2. Access to the Websites
B. In order to access the Websites, you will have to create an account. You may never use anothers account without his or her express permission and you may not provide another person with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Embroidery Legacy immediately of any breach of security or unauthorized use of your account. Although Embroidery Legacy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Embroidery Legacy or others due to such unauthorized use.
C. You agree not to collect any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites.
A. An Application will allow you to access certain materials and functionality available on the Websites through your mobile device.
B. Embroidery Legacy reserves the right to amend or withdraw any Application at any time and for any reason.
C. You acknowledge that the terms of agreement with your mobile network provider (Mobile Provider) will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.
D. Embroidery Legacy does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. Embroidery Legacy will not be responsible for any support or maintenance for Applications.
E. In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications which are specified in the Application itself.
4. Sales of Products by Embroidery Legacy
B. Any times or dates stated by Embroidery Legacy for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time.
C. You must pay for items purchased from Embroidery Legacy by credit card or through Paypal or by other methods specified on the Website from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes.
D. We are entitled to refuse any order placed by you for any reason. If your order is accepted by Embroidery Legacy, we will confirm acceptance to you by online electronic means to the e-mail address you have provided.
E. You undertake that all details you provide to us for the purpose of purchasing goods from Embroidery Legacy will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.
F. Embroidery Legacy will replace goods that you have purchased from us which are incorrect, damaged, or defective, at no cost to you. Please email [email protected] with a description of the problem with the goods and our customer service team will provide you with shipping instructions. Once we receive the item and have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes and shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact our customer service team before returning the item to us, and we must be able to validate the damage/defect/error.
G. If you are not satisfied with physical goods purchased from Embroidery Legacy, you may return them to Embroidery Legacy within fourteen (14) days after delivery. Returns will receive a refund of the price of the item and any applicable taxes minus a $30 restocking fee, issued in the original form of payment used to purchase the item. Items must be returned in new or like-new condition, and in their original packaging, items labeled with tamper-proof sticker must be intact, and with all paperwork including your packing slip to ensure full credit. Customers are responsible for all shipping costs for the item unless the item is being returned because it is incorrect, damaged, or defective. Our digital products including embroidery designs and online education can not be returned after purchase unless otherwise stated on that product’s specific sales page. This is due to the electronic and downloadable nature of these products. Embroidery Legacy reserves the right to refuse any returns if they do not meet our return requirements. Please email [email protected] and our customer service team will provide you with shipping instructions.
5. Profiles, User Submissions and Instructor Submissions
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. The information provided in the User Submissions will not be treated as confidential and you shall not expect any information provided in the User Submissions to be private. For the sake of clarity, do not submit any information as User Submissions which you wish to be kept private and confidential.
F. You understand and agree that Embroidery Legacy is not obligated to review, and is in no way responsible for, the content of video lectures, associated study materials and background materials presented by Instructors and Teaching Assistants, or content created in connection with the participation by Instructors and Teaching Assistants in Courses and their interaction with Users and other Instructors and Teaching Assistants (including written, audio and/or video content, information, images, and other materials) (together, the Instructor Submissions). Embroidery Legacy does not endorse any Instructor Submissions or User Submissions or any opinion, recommendation, or advice expressed therein, and Embroidery Legacy expressly disclaims any and all liability in connection with Instructor Submissions.
G. In connection with your User Submissions and otherwise in connection with your use of the Websites and Applications, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Embroidery Legacy all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Embroidery Legacy or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) post advertisements or solicitations of business; (v) impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (vi) harvest or collect email addresses or other contact information of other Users from the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vii) use the Websites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Websites; (viii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (ix) upload, post, transmit, share, store or otherwise make publicly available on the Websites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (x) solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes; (xi) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) intimidate or harass another; (xiii) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law; (xiv) use or attempt to use anothers account, service or system without authorization from Embroidery Legacy, or create a false identity on the Websites; or (xv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Embroidery Legacy is objectionable or which restricts or inhibits any other person from using or enjoying the Websites, or which may expose Embroidery Legacy, the Website or its Users to any harm or liability of any type.
I. In particular, if you are a copyright owner or an agent thereof and believe that any User Submissions, Instructor Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Embroidery Legacy with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
Notifications should be sent to [email protected]erylegacy.com
You acknowledge that if you fail to comply with all of the requirements of this Section 5(G), your DMCA notice may not be valid.
J. You understand that when using the Websites, you will be exposed to User Submissions and Instructor Submissions from a variety of sources, and that Embroidery Legacy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Instructor Submissions. You further understand and acknowledge that you may be exposed to User Submissions and Instructor Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Embroidery Legacy with respect thereto, and agree to indemnify and hold Embroidery Legacy, its successors, assigns, directors, officers, employees, affiliates, agents, Instructors and Teaching Assistants harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
6. Intellectual Property Rights
A. Content means all content on the Websites and Applications, except for all User Submissions and Instructor Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, embroidery designs, education, webinars, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content and Instructor Submissions are subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions and are (i) owned by or licensed to Embroidery Legacy, (ii) supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, (iii) published on public sites with licenses granted under Creative Commons, with attribution in accordance with the Creative Commons license granted in each case, or (iv) covered, we believe, by the Fair Use Doctrine.
B. Content, Instructor Submissions and User Submissions from other Users on the Websites and Applications are provided to you as is for your information and personal use only and may not be used, copied, reproduced, recorded, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Embroidery Legacy reserves all rights not expressly granted in and to the Websites, the Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content, Instructor Submissions or User Submissions from other Users other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. In no event shall any Content, Instructor Submissions or User Submissions be used for any websites, application or publication of any sort which is competitive with the Websites and Applications. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Embroidery Legacy and/or the Websites. If you download or print a copy of the Content or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Website or the Content and User Submissions therein.
YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EMBROIDERY LEGACY AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS AND TEACHING ASSISTANTS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. NEITHER EMBROIDERY LEGACY NOR ANY OF ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS MAKES ANY WARRANTIES OR REPRESENTATIONS TO YOU ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE PORTAL, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES AND SUCH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES OR ANY OF OUR PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PORTAL BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. EMBROIDEYR LEGACY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EMBROIDERY LEGACY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL EMBROIDERY LEGACY OR ITS SUCCESSORS, ASSIGNS, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR ACCESS TO THE WEBSITES, INCLUDING, WITHOUT LIMITATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EMBROIDERY LEGACY AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INSTRUCTORS AND/OR TEACHING ASSISTANTS SHALL NOT BE LIABLE TO YOU FOR USER SUBMISSIONS, INSTRUCTOR SUBMISSIONS OR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Websites are controlled and offered by Embroidery Legacy from its facilities in Canada. Embroidery Legacy makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Portal from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Embroidery Legacy may terminate your membership, delete your account and any User Submission that you have posted on the Websites and/or prohibit you from using or accessing the Websites (or any portion, aspect or feature thereof ) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Websites, your obligations hereunder shall survive indefinitely.