Fabric-Studio

Terms & Conditions

Fabric Studio Terms of Service and Conditions of Use

Welcome to the Fabric Studio website which contains the Fabric Studio Online Design Tool. Fabric Studio is online Software which enables its customers to create personalized fabric with our extensive template library by personalizing with uploaded images or adding text. Our template library includes various types including Quilt Blocks, Family Tree Projects, Sewing Patterns, Scrapbooking Pages and Photo Frames and Templates. It is our goal to create a website that is accessible and useful to as many people as possible.  Listed below are the Terms of Service and Conditions of Use of the Fabric Studio website. By registering and becoming a member you will be subject to these terms. Make sure you provide us at all times with current and accurate information. This is especially important with respect to your email address, since that is the primary way in which we communicate with members about their accounts and product orders. We will use the information you provide to us in accordance with our Privacy Policy.

 

Acceptance of Terms; Modification to Terms

Thank you for visiting Fabric Studio a service of Star Bright Entertainment Inc. (“Fabric Studio”), a California corporation. Fabric Studio provides its web site and services (“Site”) subject to the following terms of service (“Terms”).  By using the Site, uploading any data or images or ordering products, you are indicating your agreement to be bound by these terms and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the Site. These Terms are applicable to your use of the Site regardless of how you accessed the Site.  We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Fabric Studio’s good faith reasonable judgment, Fabric Studio will notify you via email or by posting a notice on the homepage of the Site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the Site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the Site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at info@thefabricstudio.com.

Note:You must be 13 years of age or older to use the Site. If you are not at least 13 please discontinue your use of the Site and do not provide any personal or other information to Fabric Studio on or through the Site. If you are between the ages of 13-18, please obtain the permission of your parent or legal guardian before using the Site.

 
User Conduct
By uploading photographs, designs, drawings, text or other content [“Content”] to the Site you represent and warrant that:

 

-- you have the lawful right to reproduce and distribute such Content;

-- that the Content complies with all applicable federal, state, and local laws, regulations and ordinances;

-- that the Content does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;

-- that the Content does not invade any individual’s right of privacy or celebrity;

-- that the Content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortuous, hateful, or racially, ethnically or otherwise objectionable.

 

In using this Site, you also agree:

-- not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 

-- not to upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;

-- not to upload, download, post, email or otherwise transmit 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;

-- not to upload, download, post, email or otherwise transmit false or misleading information;

-- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.

-- not to access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;

-- not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;

-- not to collect or store personal information about any other use of the Site.

 

You understand that Fabric Studio provides an automated web service and does not filter or examine Content uploaded to or published on the Site, but that Fabric Studio and its designees shall have the right (but not the obligation) in their sole discretion to review and to reject or remove any Content that is available via the Site. Upon placing any order through the Site, you acknowledge that Fabric Studio may review it and the Content it contains for adherence to our guidelines and compliance with the terms and conditions set forth in these Terms. Without limiting the foregoing, Fabric Studio and its designees shall have the right to refuse to fulfill any order for any reason and to remove any Content that violates the Agreement or is otherwise objectionable to us. At our discretion we will remove Content and/or user accounts that violate our policies with respect to the Site. Fabric Studio reserves the right to amend the policies described above from time to time at its sole discretion.

 
 

Member Account and Password

If you register on the Site, you will receive an email confirming the creation of a Fabric Studio account.  Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fabric Studio of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fabric Studio cannot be liable for any loss or damage arising from your failure to comply with this Section 3.  You represent and warrant that all contact and personal information provided to Fabric Studio during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with Fabric Studio.

 
 
Privacy Policy

Your privacy is very important to us at Fabric Studio. We collect and store personal information when you register, move through the Site, and make purchases. Visitors to this Site should refer to our privacy policy for more detailed information about how Fabric Studio collects and uses personal information. By using the Site and accepting these Terms, you expressly consent to Fabric Studio’s use of your personal information (including using email to communicate with you) as described in the privacy policy, which is incorporated herein by reference.Notwithstanding the foregoing, you acknowledge and agree that Fabric Studio may preserve Content and may also disclose Content or information, including your personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Fabric Studio, its users and the public. We may also disclose personal information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with Fabric Studio. Fabric Studio is not liable for damage incurred due to use of personal data posted in a public profile or public designs on the Site. Fabric Studio sets and accesses cookies to keep track of login status. Please refer to your browser's "Help" menu for how to change cookie preferences.

 

Proprietary Rights

You acknowledge and agree that any materials or content, including but not limited to designs, text, images, etc. or other material contained or distributed on or through the Site by Fabric Studio, or its Representatives (“Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use, reproduce or distribute any materials or content contained in the site without the authorization of the owner of such Fabric Studio, except for uses permitted by law. You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the Site shall remain the property of Fabric Studio and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

 

Copyright Policy

Fabric Studio respects the intellectual property rights of others. We ask our members to do the same. Fabric Studio may terminate the accounts of users it believes may be infringing the copyright or other intellectual property rights of others. It is Fabric Studio’s policy to respond expeditiously to claims of infringement. Fabric Studio will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Fabric Studio may terminate access for users and account holders whom it believes to be infringers at its sole discretion. 

 

Warranty of Ownership and Non-infringement

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.

 

Indemnity

You agree to defend, indemnify and hold Fabric Studio and Fabric Studio’s officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
 
Termination

You agree that Fabric Studio, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Fabric Studio may also in its sole discretion and at any time modify the Site, or any portion thereof, or discontinue providing the Site, or any part thereof, with or without notice. Further, you agree that Fabric Studio shall not be liable to you or any third-party for any termination of your access to the Site.

 

Links

The Site may provide, or third parties may provide, links to other web sites or resources. Because Fabric Studio has no control of such sites and resources, you acknowledge and agree that Fabric Studio is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fabric Studio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Pricing

Prices for products on Fabric Studio are described on our web site and are incorporated into these Terms by reference. All prices are in US dollars. Prices and products may change at Fabric Studio’s discretion.

 

Shipping

Title and risk of loss for all Products ordered by you shall pass to you on Fabric Studio’s shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of Products ordered by you through the Site, unless otherwise stated on the Site or agreed by Fabric Studio (such as through a special offer).

 

Deleting Accounts

If you wish to terminate your Fabric Studio account, please contact us and request to do so. If you delete your account, Fabric Studio will retain at its discretion your personal information as long as is reasonably required to fulfill the purposes for which it was collected.

DISCLAIMER OF WARRANTIES
 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FABRIC STUDIO AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FABRIC STUDIO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FABRIC STUDIO DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE, INCLUDING IMAGES, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
 
LIMITATION OF LIABILITY
 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL FABRIC STUDIO OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR BE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND FABRIC STUDIO’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY FABRIC STUDIO OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO FABRIC STUDIO FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
 

You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

GENERAL

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired. Fabric Studio shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Fabric Studio, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances. This Agreement will be governed by the laws of the State of California. Fabric Studio may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, necessary to protect the rights or the property of you or Fabric Studio (or its Representatives), pending the completion of arbitration.

 

 

 

 

 

 

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