Terms of Use

Written by Marilou on . Posted in Uncategorised

 

SunBlossom Creations Terms of Use

 

Please read these Terms of Use or Agreement carefully before using the website and services offered by SunBlossom Creations. This Agreement sets forth the legally binding terms and conditions for your use of the website at http://www.sunblossomcreations.com (the "site") and all services provided by SunBlossom Creations on the site.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

SunBlossom Creations

SunBlossom Creations is a blog that offers information, printable pdf files, svg files, machine embroidery design files, and free downloads. The author of the SunBlossom Creations blog holds all rights and ownership to all articles, files, and downloads. All articles, machine embroidery designs, pdf files, printables, svg files, or any/all downloadable files are copyrighted. All files and/or articles may be used to create items for personal use or for sale. There are no limits on how many items can be sold. The articles and files themselves may not sold, redistributed, copied, shared, etc. If files are altered and/or edited, they must be altered and/or edited beyond original recognition.

Membership Eligibility and Requirements

Registration: Registering an account on SunBlossom Creations is free.

Age: SunBlossom Creations services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. SunBlossom Creations may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use SunBlossom Creations services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct. You must abide by SunBlossom Creations policies as stated in the Terms of Use Agreement and the SunBlossom Creations Privacy Policy (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by SunBlossom Creations, each of which is incorporated herein by reference and each of which may be updated by SunBlossom Creations from time to time without notice to you.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by SunBlossom Creations from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SunBlossom Creations of any unauthorized use of your password or any breach of security. You also agree that SunBlossom Creations cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than SunBlossom Creations without SunBlossom Creations express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. You are fully responsible for all activity, liability, issues, disputes related to and in conjunction with your account.

Account Transfer: You may not transfer or sell your SunBlossom Creations account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: SunBlossom Creations reserves the right, in SunBlossom Creations sole discretion, to cancel unconfirmed or inactive accounts. SunBlossom Creations reserves the right to refuse service to anyone, for any reason, at any time.

Questionable and Prohibited Activities/ Infringements

You are solely responsible for your conduct and activities on and regarding to SunBlossom Creations and any and all commenting, and links (together, "Content") that you submit to be displayed on SunBlossom Creations.
Restricted Activities: Your Content and your use of SunBlossom Creations shall not:

  • Be false, inaccurate or misleading
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
  • Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Be defamatory, obscene, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including SunBlossom Creations staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Modify, adapt or hack SunBlossom Creations or modify another website so as to falsely imply that it is associated with SunBlossom Creations;
  • Appear to create liability for SunBlossom Creations or cause SunBlossom Creations to lose (in whole or in part) the services of SunBlossom Creations ISPs or other suppliers
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on SunBlossom Creations.

Resolution and Release of Disputes

In the event a dispute arises between you and SunBlossom Creations, please contact SunBlossom Creations.
You and SunBlossom Creations agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users or an outside party, you release SunBlossom Creations (and SunBlossom Creations officers, directors, agents, subsidiaries, joint ventures) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. SunBlossom Creations encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
SunBlossom Creations, for the benefit of users, may try to help users resolve disputes. SunBlossom Creations does so in SunBlossom Creations sole discretion, and SunBlossom Creations has no obligation to resolve disputes between users or between users and outside parties. To the extent that SunBlossom Creations attempts to resolve a dispute, SunBlossom Creations will do so in good faith based solely on SunBlossom Creations policies. SunBlossom Creations will not make judgments regarding legal issues or claims.

SunBlossom Creations Intellectual Property

SunBlossom Creations graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress and may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

Much of the information on SunBlossom Creations is updated on a real-time basis and is proprietary or is licensed to SunBlossom Creations by SunBlossom Creations users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access SunBlossom Creations for any purpose whatsoever, without SunBlossom Creations prior express written permission. Additionally, you agree that you will not:

  • Take any action that imposes, or may impose, in SunBlossom Creations sole discretion, an unreasonable or disproportionately large load on SunBlossom Creations infrastructure
  • Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content).
  • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  • Bypass the measures SunBlossom Creations may use to prevent or restrict access to SunBlossom Creations.

Breach of Policies/Agreements

Without limiting any other remedies, SunBlossom Creations may, without notice, delay or immediately remove Content, warn SunBlossom Creations users of another user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
SunBlossom Creations suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; SunBlossom Creations is unable to verify or authenticate any of your personal information or Content; or SunBlossom Creations believes that a user is acting inconsistently with the letter or spirit of SunBlossom Creations policies, has engaged in improper or fraudulent activity in connection with SunBlossom Creations or the actions may cause legal liability or financial loss to SunBlossom Creations users or to SunBlossom Creations.

Privacy Policy

SunBlossom Creations will not sell or disclose your personal information to third parties without your explicit consent.

No Warranty

SunBlossom Creations, SunBlossom Creations subsidiaries, officers, directors, and SunBlossom Creations suppliers provide SunBlossom Creations web site and services "as is" and without any warranty or condition, express, implied or statutory. SunBlossom Creations, SunBlossom Creations subsidiaries, officers, directors, employees and SunBlossom Creations suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from SunBlossom Creations shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limit of Liability

In no event shall SunBlossom Creations, and (as applicable) SunBlossom Creations subsidiaries, officers, directors, or SunBlossom Creations suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, SunBlossom Creations services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
SunBlossom Creations liability, and (as applicable) the liability of SunBlossom Creations subsidiaries, officers, directors, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to SunBlossom Creations in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to indemnify and hold SunBlossom Creations and (as applicable) SunBlossom Creations parent, subsidiaries, affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

No Guarantee

SunBlossom Creations does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside SunBlossom Creations control.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

SunBlossom Creations Service

SunBlossom Creations reserves the right to modify or terminate the SunBlossom Creations service for any reason, without notice, at any time. SunBlossom Creations reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If SunBlossom Creations makes a material change SunBlossom Creations will notify you here, by email, by means of a notice on our home page, or other places SunBlossom Creations deems appropriate. What constitutes a "material change" will be determined at SunBlossom Creations sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Arizona, excluding its conflicts of laws rules, and the United States of America.

Notices

Any notices shall be given to the email address you provide to SunBlossom Creations (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Disclosures

The services hereunder are offered by SunBlossom Creations.

© 2011 SunBlossom Creations