TERMS AND CONDITIONS

The following terms of service (these "Terms of Service"), govern your access to and use of the ROSEBARN EMBROIDERY DESIGNS LLC platform, Site & Application, including any content, functionality and services offered on or through www.rosebarnembroiderydesigns.com  (collectively, the "Site or website")

 

Please read the Terms of Service carefully before you start to use the Site. By accessing, browsing, registering to use the Site, or Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you acknowledge that you have read, understood accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use, do not use any portion of the Site, or the Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between ROSEBARN EMBROIDERY DESIGNS and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

1.               USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify ROSEBARN EMBROIDERY DESIGNS for any losses, costs or damages, including reasonable legal fees, incurred by ROSEBARN EMBROIDERY DESIGNS in relation to, or arising out of, such a breach.

2.               ACCEPTANCE OF TERMS

These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you or your or user”) and ROSEBARN EMBROIDERY DESIGNS LLC (“ROSEBARN EMBROIDERY DESIGNS, we,” “us” or “our”), concerning your access to and use of the site. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to ROSEBARN EMBROIDERY DESIGNS and the coach who provides fitness and nutritional coaching services to users on the site. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

3.               ABOUT ROSEBARN EMBROIDERY DESIGNS

ROSEBARN EMBROIDERY DESIGNS is a corporation carrying on its business activities at Oregon, United States. ROSEBARN EMBROIDERY DESIGNS operates a digital embroidery designs site via www.rosebarnembroiderydesigns.com . We function as an innovator of embroidery techniques and styles, in the hoop projects, reverse appliques etc. Our designs are digitized and they have been carefully crafted, tested and verified to make sure your sewing process is fun & effortless.

The file format in which we use to furnish you with our embroidery designs are; DTS, EXP, HUS, INF, JEF, PES, VP3, and XXX.

4.              APPLICABILITY                     

"These general terms and conditions (the "Conditions") apply to:

(a)            The use of any information, pictures, documents and/or other services offered by ROSEBARN EMBROIDERY DESIGNS via the website; 

(b)            The subscription to any of the digitized embroidery design displayed on the website.

5.               TRADEMARKS AND COPYRIGHTS

You agree that all content appearing on this Website including, but not limited to, digitized embroidery designs, trademarks, service marks, trade names, graphics, images, text, audio clips, videos,  button icons, digital downloads, data compilations and computer software are the sole property of ROSEBARN EMBROIDERY DESIGNS or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of ROSEBARN EMBROIDERY DESIGNS and protected by United States and international laws. All software used on this site is the property of ROSEBARN EMBROIDERY DESIGNS or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the ROSEBARN EMBROIDERY DESIGNS Website for its intended purpose, which is for your use only as a consumer. Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.

ALL EMBROIDERY DESIGNS ARE DIGITAL ITEMS. YOU MAY SELL FINISHED PRODUCT USING OUR DESIGNS, YOU MAY NOT RESELL THE EMBROIDERY DESIGNS OR SHARE THE DESIGN FILES WITHOUT FIRST OBTAINING OUR EXPRESS CONSENT TO DO SO. IT IS ALSO ILLEGAL TO RESELL DIGITAL DESIGNS. WE NOT HESITATE TO INSTITUTE A LEGAL ACTION IF YOU ARE FOUND SELLING OUR DIGITIZED EMBROIDERY DESIGNS. YOU ARE PROHIBITED FROM CONVERTING THE EMBROIDERY DESIGN INTO AN SVG OR ANY OTHER DIGITAL FORMAT. YOU MAY CONVERT KEY FOB/APPLIQUES DESIGNS INTO A CUT FILE TO ONLY BE USED IN A CUTTING MACHINE FOR FINISHED PRODUCT ONLY, YOU SHALL NOT SELL THE DIGITAL FORMAT.

Copyright Privileges

When you purchase embroidery designs on CD, USB, or download from ROSEBARN EMBROIDERY DESIGNS or an authorized affiliate selling ROSEBARN EMBROIDERY DESIGNS design collections, you have been granted certain rights and privileges. The designs are copyrighted, and the licensing rights are granted to you exclusively, but no one else.

You may NOT copy, share, or sell the design files including but not limited to email or any other electronic transmission. Even if a design is free to you, you do not have the right to copy, share, or sell the designs as stated herein. Each person must purchase his or her rights.

6.              THIRD PARTY WEBSITES

You agree that ROSEBARN EMBROIDERY DESIGNS encourages you to exercise discretion browsing the internet. Our Website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. ROSEBARN EMBROIDERY DESIGNS and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent from ROSEBARN EMBROIDERY DESIGNS, and ROSEBARN EMBROIDERY DESIGNS has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between ROSEBARN EMBROIDERY DESIGNS and another Website further does not mean that ROSEBARN EMBROIDERY DESIGNS endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other Website. ROSEBARN EMBROIDERY DESIGNS expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the ROSEBARN EMBROIDERY DESIGNS domain.

7.               USE RESTRICTIONS

This Website is for your personal, non-commercial use only. You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing ROSEBARN EMBROIDERY DESIGNS’S name or any trademarks; to engage in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.

8.              UNLAWFUL CONDUCT

You agree that you are prohibited from posting or transmitting to the ROSEBARN EMBROIDERY DESIGNS Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, copyrighted material of others, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. ROSEBARN EMBROIDERY DESIGNS reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.

9.              TERMINATION OF USE OF THIS WEBSITE

You agree that any violation of these Terms and Conditions, the unauthorized use of this Website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this Website. ROSEBARN EMBROIDERY DESIGNS reserves the right to terminate or suspend your access to this Website and its content and use at any time, with or without notice at ROSEBARN EMBROIDERY DESIGNS’S discretion.

10.            MEMBERSHIP ACCOUNT.   

You may make use of the services either as a guest or when you create an account with us. 

In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

11.             PAYMENT

(a)            Payment and billing information.

Payments for the use of any of the digitized embroidery design services rendered on the site can be done with the use of PayPal, & Credit cards. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your ROSEBARN EMBROIDERY DESIGNS account, you can do so at any time by logging into your account and editing your payment information.

(b)            Online Pricing, Specifications & Availability

Prices, specifications, and availability of products are subject to change without notice. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. Although Internet orders generate an automatic confirmation and response e-mail, ROSEBARN EMROIDERY DESIGNS may change its pricing, product description or specification after any order confirmation or response e-mail due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We will notify you of any corrections or changes and ask for your approval before completing your order. We will not complete your order until we have your approval. 

12.             REVISIONS

ROSEBARN EMBROIDERY DESIGNS may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. ROSEBARN EMBROIDERY DESIGNS shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. ROSEBARN EMBROIDERY DESIGNS also reserves the right to revise the Terms and Conditions of this Website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. If you do not accept these revisions to the Terms and Conditions, then you must immediately stop using this Website. We encourage users to review these Terms and Conditions each time you visit this Website to remain informed of any changes to them. Any revisions to these Terms and Conditions will not apply retroactively to disputes arising prior to the adoption of the revisions.

13.             ELECTRONIC COMMUNICATIONS

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.             REFUNDS

All transactions and orders made on the site is complete and final, therefore, due to the digital nature of our designs no refunds are given.

15.             DISCLAIMER OF WARRANTY

ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBJECT TO THE FOREGOING, ROSEBARN EMBROIDERY DESIGNS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. ROSEBARN EMBROIDERY DESIGNS MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. ROSEBARN EMBROIDERY DESIGNS DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM ROSEBARN EMBROIDERY DESIGNS WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. ROSEBARN EMBROIDERY DESIGNS MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES THAT:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

CERTAIN STATE LAWS INCLUDING, BUT NOT LIMITED TO, THOSE OF OREGON, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

16.             LIMITATION OF LIABILITY

YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, INCLUDING THOSE OF THE STATE OF OREGON, NEITHER ROSEBARN EMBROIDERY DESIGNS NOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH SHALL BE LIABLE FOR, NOR SHALL YOU BE ENTITLED TO, ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF ROSEBARN EMBROIDERY DESIGNS IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.

17.             GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of www.rosebarnembroiderydesigns.com and its related mobile application is hereby governed by, and constructed and enforced in accordance with the laws of Oregon. The competent courts in Oregon, shall have the exclusive jurisdiction to resolve any dispute between you and ROSEBARN EMBROIDERY DESIGNS.

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