Châtelaine Design Store Terms of Use & Conditions
This is a legal agreement between you and Châtelaine Design or “we” or “the Company”.
IMPORTANT – PLEASE READ THESE TERMS OF USE CAREFULLY. THE SITE IS A COPYRIGHTED WORK BELONGING TO THE COMPANY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE YOU ARE ACCEPTING THE TERMS OF USE BELOW ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. IF YOU DO NOT ACCEPT THE AGREEMENT, DO NOT ACCESS OR USE THE SITE.
1. THE STORE
The Châtelaine Design Store (“the Store”) provides you with digitized file s of needle-stitch patterns (collectively, “Content”) to purchase for printing/stitching from a device of your choice. You must be 18 years of age or older to actually purchase Content from the Store; if you’re under the age of 18, you need to review this Agreement with a parent or guardian to make sure you and your parent or guardian understand the service, your rights, and your obligations.
2. STORE CONTENT
2.1. Payment.
You agree that you will pay for all purchases on the Store and that Châtelaine Design may charge your payment method for any purchases and for any additional amounts (including any taxes, as applicable) in connection with your purchases.
2.2. Rights Granted.
Upon payment for Content, we grant you a non-exclusive, non-transferable license to access, download and print the Content but only for your personal, non-commercial purposes, subject to the Agreement.
2.3. Usage Limitations.
Except as set forth in 2.2. above, you may not sell, rent, lease, redistribute, sublicense or otherwise assign any Rights Granted to the Content or any portion thereof to any third party. You must comply with all applicable copyright and other laws in your use of the Content. We do not grant you any promotional use, commercial sale, resale or distribution rights for the Content.
2.4. Availability & Pricing.
Content may change at any time and without notice. Châtelaine Design does not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to receipt, your sole remedy is a refund at the Company’s discretion.
3. GENERAL
3.1. Termination.
Your rights under the Agreement will automatically terminate without notice and without refund of any fees or any other compensation if you fail to comply with its terms.
3.2. Modifications.
We may modify the Agreement at our sole discretion by posting the revised terms on the Châtelaine Store or the Châtelaine Facebook Page/Châtelaine SUpport Group. Your continued use of the Store or any other affiliated website of the Company after any amendment evidences your agreement to be bound by the revised Terms.
3.3. Contact Information.
For communications concerning the Agreement, please contact Chatelaine Design at contact@chatelaine.de
3.4. Severability.
If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
3.5. Disputes.
Any dispute or claim arising from or relating to the Agreement or the Store is subject to binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the Chatelaine Store. Terms of Use at http://chatelaine.net/terms-and-conditions. You agree to those terms by entering into the Agreement or using the Store.
3.6. DISCLAIMERS & LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED CONTENT IS PROVIDED “AS AVAILABLE” OR “AS IS”, WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD – PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES, IN NO EVENT WILL MAKERBOT’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO (1) ANY CLAIM RELATING TO THE PURCHASE OF CONTENT, OR (2) YOUR USE OF THE STORE, THE CONTENT, OR INFORMATION, MATERIALS OR PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STORE OR (3) ANY OTHER CLAIM UNDER ANY THEORY OF LIABILITY EXCEED $50. THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
3.7. Indemnification.
You agree to indemnify and hold Châtelaine Design, its officers, directors, shareholders, employees, and suppliers harmless against any damages or liability of any kind arising from any use of the Content other than the uses expressly permitted by the Agreement.