Terms of Service
Please read the following, and the Privacy Policy before accessing and using this website.
IMPORTANT
Thank you for visiting www.EmbroideryDesignsDownload.com. We hope that you will find this website ("Site")
helpful and informative. The following are the terms and conditions ("Terms") that apply to and
govern your use of this Site. These Terms also incorporate our End User License Agreement ("EULA") and
Privacy Policy. If you do not agree with any terms or conditions herein, or have any questions, please
Contact Us
before proceeding and we will be pleased to assist you. BY CHOOSING TO ACCESS AND USE THIS SITE,
YOU ARE FREELY CONSENTING AND EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.
Changes to Website
In order to improve our service to you, we reserve the right to make changes in the access, operation,
and content of this website at any time and without notice. We also reserve the right to make changes
to the Terms of Service, End User License Agreement, and the Privacy Policy, so please check
before each use for changes.
Copyright Notice
You acknowledge that, unless otherwise specifically designated, Embroidery Designs Download is the sole
owner of all intellectual property rights to this Site and its contents, including but not limited to
copyright protection for all content, including the design, layout, graphics, photos, format, and other
visual elements of the Site. All ownership rights pertaining to the information and material contained
on this Site, including but not limited to the Embroidery Designs Download name, logos, trademark, graphics, photos,
images, and content, are owned or have been duly licensed by Embroidery Designs Download, WITH ALL RIGHTS RESERVED.
The Site pages and content may be printed in hard copy for personal, noncommercial reference use only, provided
that no modifications are made and it is not published in any media. You are not granted any license to use
the content in any other manner. Any use other than that set forth above, including the reproduction,
modification, copying, display or use of any copyright protected Embroidery Designs Download logo, graphic,
photo, image, or content without the prior written permission of Embroidery Designs Download, is strictly
prohibited and will be enforced to the full extent of the law.
Product License and Use Limitations
Embroidery Designs Download offers embroidery designs for sale only according to an End User License Agreement (EULA).
Purchasing, accessing, installing, downloading, or otherwise using embroidery design files in any fashion
which have originated from Embroidery Designs Download, whether purchased or obtained free of charge (including free
designs), constitutes your acceptance, acknowledgement and agreement to be bound by the EULA.
The EULA governs the manner in which the embroidery designs may and may not be used.
The EULA is provided below in its entirety. Please read it carefully prior to accessing any embroidery
designs or embroidery design files on this site.
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End User License Agreement
Embroidery design files obtained from Embroidery Designs Download may be used freely to place embroidery designs
on personal effects and/or garments or other items which are sold commercially! There is no limit to the number
of times the design file may be used to sew-out the embroidery design.
However, it is a condition of this End User License Agreement that you do not resell the embroidery design
files to, or for use by, another individual, company, or other entity, nor altered them for purposes of reselling.
You may not sell, resell, or otherwise further distribute the embroidery design files in any form,
manner or medium (including by email, upload, post, or any other means, whether electronic or not).
You may not copy, reproduce, modify, alter, republish, create derivative works, represent
as your own, or otherwise exploit the embroidery design files for purposes or reselling.
You may not share, trade, or otherwise transfer the embroidery design files to another party.
This includes copying and sharing with friends or family. Each user must purchase their own design set.
You may not give the embroidery design files away as a gift. If you would like to provide the embroidery
design files to someone as a gift, you will need to purchase a gift certificate and give the gift certificate as
a gift instead. Gift certificates do not expire and may be applied towards any active specials or discounts.
You may not share download codes with anyone. This is considered a form of sharing and distributing.
Download activity and download codes utilized are automatically tracked and monitored according to
customer's name, IP address, etc. Download codes observed to be submitted from multiple, different computers will
be disabled and further purchasing rights will be suspended for individual users.
Design files used to place embroidery designs on items for sale must be purchased. This means that designs
obtained free of charge (including free designs) may only be used for experimental purposes, inspection of quality,
or for placing embroidery designs on personal items which are not sold commercially.
Copyright of Embroidery Designs: All embroidery designs and embroidery design files available at this site,
whether purchased or obtained free of charge (including free designs), are owned by Embroidery Designs Download,
under copyright, and protected under U.S. and international copyright laws. The act of copying the embroidery
designs and distributing them in any fashion is not permitted, is a copyright violation, and is consequently
illegal. However, it is permissible that the embroidery design files be copied for sole purposes of
maintaining a backup in the event of computer crash or loss of the original.
Copyright of Embroidery Design Graphics: All graphic images of embroidery designs displayed at this site,
are owned by Embroidery Designs Download, under copyright, and protected under U.S. and international copyright
laws. The graphics and/or artwork may not be used as part of any process to create an embroidery design or
embroidery design file. The act of copying the graphics or images and utilizing them in any fashion is not
permitted, is a copyright violation, and is consequently illegal.
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Refund Policy
Due to the electronic nature of embroidery design files, Embroidery Designs Download can
not offer general refunds once payment has been completed. Exceptions might be made in the event the files
have not yet been downloaded. Please note that Embroidery Designs Download does offer free designs. Prior to
making any purchase, these free designs can be used to verify embroidery quality in addition to determining
which format is compatible with your system. All formats are included with the free designs. If you are
not sure of the format needed, download one of the free designs and experiment to determine which format
works with your embroidery system.
Design quality is guaranteed. This is possible because all designs are stitched out and inspected prior
to being offered for sale. In the unlikely event you are not pleased with the design quality, please
Contact Us.
Links to Other Websites
For your information or convenience, EmbroideryDesignsDownload.com may contain direct links or hyperlinks to
websites that are maintained by third parties. When clicking on such a link, you are leaving this website.
Therefore, Embroidery Designs Download has no control over, does not endorse, and is not liable for, the
quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such
third party websites, or for any product or service advertised or provided therein. Any transactions
with such third parties, including provision of your personal information, are strictly at your own risk.
We expressly disclaim all liability arising from your access of and for the content contained within
or through any such third party website.
Website Security
So that this Site remains to the extent possible open and available to all users,
we have mechanisms in place to identify unauthorized attempts to gain access to secured areas,
upload or change information or any image, inject any harmful elements, or otherwise cause damage.
Even though we strive to keep these mechanisms up to date, due to technical uncertainties,
we are unable to make any representation or warranty that the content, information, or links in this
website are secure and free of technical glitches, operational problems,
interruptions, errors, bugs, worms, viruses, data-processing errors, unauthorized third party access,
or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF
YOUR SYSTEM WHEN ACCESSING THIS SITE. Unauthorized attempts to upload, insert, or change any
information or image on this website or cause harm are strictly prohibited and may be punishable
to the full extent of the law, including the Computer Fraud and Abuse Act and the National
Information Infrastructure Protection Act.
The use of your personal information given to us during your visit to our Site is governed by the
Embroidery Designs Download Privacy Policy, which is posted on this website and incorporated into these
Terms of Service. You agree that any personal information you choose to provide to us will be accurate
and truthful to the best of your knowledge.
Applicable Law and Dispute Resolution
You agree that these Terms will be interpreted under the laws of the State of Texas,
regardless of any conflicts of laws rules, and regardless of the laws of any other
jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your
access or use of the Site shall be first submitted in writing to Embroidery Designs Download within
one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based,
or such Claim shall be deemed waived. Any Claim which has been properly submitted to Embroidery Designs Download
which has not been resolved within a reasonable period time not to exceed six (6) months may be submitted
to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO
BRING ANY LITIGATION IN ANY JURISDICTION AGAINST EMBROIDERY DESIGNS DOWNLOAD BASED ON YOUR ACCESS OR USE OF
THIS SITE OR UNDER THESE TERMS. Any arbitral award will specifically exclude any special, indirect,
incidental, exemplary, punitive, or consequential damages.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU AGREE THAT Embroidery Designs Download AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR
RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS,
INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT,
ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT
OF YOUR ACCESS AND USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Embroidery Designs Download AND ITS AFFILIATES AND DIVISIONS,
ITS CUSTOMERS AND JOINT VENTURE PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS,
VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM
YOUR USE OF THIS SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
OBLIGATIONS REGARDING LIMITATIONS OF LIABILITY AND INDEMNITY WILL SURVIVE THE TERMINATION OF THE TERMS OF
SERVICE INDEFINITELY.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART,
EMBROIDERY DESIGN DOWNLOAD'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE
WILL IN NO EVENT EXCEED THE SUM OF $100.00 OR THE TOTAL OF ANY PURCHASES MADE, WHICHEVER IS THE LESSER.
ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND
UNENFORCEABLE.
Compliance with all Laws
This Site is operated from servers located in California, USA. You agree that your use of this Site
will be in compliance with all relevant and applicable laws and regulations. If you are accessing this
Site from outside the United States, you are doing so at your own risk. You remain fully responsible and
liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives,
codes, and rules of the United States, as well those of the jurisdiction from which you are accessing
this Site.
Changes to These Terms of Service
Embroidery Designs Download may occasionally update these Terms of Service, the End User License Agreement,
and the Privacy Policy. When we do, we will revise the "last updated" date at the bottom of the Terms of
Service. Therefore, please check before each use for changes.
Thank you for visiting www.EmbroideryDesignsDownload.com. If you have any questions, comments, or suggestions
concerning this Site, we would like to hear from you. Please
Contact Us.
Last Updated: February 2010
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