Northcott Fabric Circle Terms of Service
Acceptance of TermsNorthcotFabricCircle.com is a property of Northcott Silk Inc, (the “Company”). These terms (the “Terms”) govern any use by you of NorthcottFabricCircle.com (the “Site”) and all of the services, products, software and web sites (collectively, the “Services”) offered by the Company.
By accessing the Site and/or using any of the Services, you agree to be bound by all of the Terms and Conditions of this Agreement. When you choose to register as a member of our Services you will be asked to check a box indicating that you have read, and agree to be bound by the Terms. Your activities on the Site or use of the Services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein. The Company reserves the right to update, adjust or expand upon these Terms, at its sole discretion, with or without notice to the users.
Description of ServicesThe Services include, but are not limited to the following:
- Access to an assortment of content and links provided by other members of the Site which may be accessed through any various medium or device now known or hereafter developed.
- The ability to use various communications tools to interact with other members and link to other social media web sites.
- The ability to post personal content (Content) including but not limited to images, web site links, blog links, information and opinions.
- Various search services to help you locate areas on the Site, other users on the Site and to find stores that carry Northcott products.
Eligibility and RegistrationYou agree that your activities on the Site and any use of the Services shall be in accordance with (a) these Terms (b) the Site’s Etiquette Policy and (c) any applicable law, regulation or generally accepted practices or guidelines. Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting of the foregoing, in compliance with the Children’s Online Privacy Protection Act (COPPA), minors under the age of 13 may not register as a user to access this Site to use the Services.
In order to use the Site and its Services, you must first register to become a user by providing your real name, e-mail address, age and/or other relevant information, as appropriate. By registering, you represent that you have all required right, power and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. If you are acting on behalf of a company, you represent that you are authorized to bind your company. You agree to provide accurate and complete information, and to update such information as necessary to keep it up-to-date and accurate. The Company reserves the right to review all registration applications, and to accept or reject any applicant(s) in its sole judgment. You may not transfer or assign your registration to any other party.
The Company may access, preserve, and/or disclose your account information, patterns and/or Content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms; (c) respond to claims that any pattern or Content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of the Company, its users, and/or the public.
Company Communications and AdvertisingThe Company may also display advertising in connection with any of the Services, in its sole discretion, and/or in direct messaging or emails to its users. You may not opt out of or in any way block such advertisements or any service announcements, administrative messages, or other communications from the Company, the receipt of which are a condition of your use of the Services.
Behavior GuidelinesThe following Behaviour Guidelines are part of the Terms to which upon registration you have confirmed to have read and agreed to be bound by in order to access and use the Services on the Site.
You agree not to engage in any activity that, in the Company’s sole judgment, interferes with or disrupts the Services, the servers and networks which are connected to the Services, or the activities of others on the Site or the discreet enjoyment of others on the Site.
You are not allowed to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Company reserves the right to bar any such activity.
You are not allowed to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to the Company’s server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You are not allowed to probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, or any other Company account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks, or any systems or networks connected to the Site or to the Company.
You are not allowed to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any communications being conducted on the Site, or with any other user’s experience of the Site.
You are not allowed to upload, post, email, transmit or otherwise make available 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.
You are not allowed to forge headers or otherwise manipulate identifiers in order to disguise the origin of any pattern, Content, message or transmittal you send to the Company or the users of the Site, on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You are prohibited from setting up additional account(s) (“Sock Puppet Accounts”) to be used for purposes of deception.
You are not allowed to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
You are not allowed to collect or store personal data about other users, except as is explicitly provided for in any applicable agreement or guidelines governing one or more of the Services. Your failure to comply with this requirement may result in immediate suspension of your right to access one or more of the Services. You acknowledge and agree that in the event of such suspension, you may be prevented from accessing the Services, your personal account details or any files or other Content contained in your account.
ContentThe Company is not responsible and assumes to liability for any information, data, text, photographs, graphics, video, messages, tags, or other material (collectively referred to herein as “Content”) posted by users of the Site. The Company makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be responsible or liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You are solely responsible for any Content posted on the Site or service offered by you through the Services, including, without limitation, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services. The User embodies that they have the right to post or transmit such Content, and, by posting or transmitting such Content, give the Company a license to publish and allow for Social Media sharing of such Content though the Services and to incorporate such Content into other works in any format or medium now known or later developed. The User is solely responsible for protecting and enforcing any intellectual property and other rights of their Content; the Company shall have no obligation to do so on your behalf.
Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content through the Services (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content that you do not own unless you have been explicitly granted a license to do so by the owner of that Content, in a separate agreement.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. The Company shall have the right, but not the obligation, to remove any Content that violates any law, regulation or guideline, or that it deems offensive, in its sole discretion.
With respect to any Content that you have submitted to the Site, you have the right to request the Company remove such Content, thus revoking any rights the Company has with respect to such Content. Requests of this kind are to be submitted to email@example.com.
You understand that if you post a free pattern or tutorial that any user on the Site has access to this information.
Dealings with Advertisers and/or Other UsersYou may be exposed to advertising on the Site or through a Service or related communication from the Company. The Company may also provide one or more Services through which users can communicate with one another. Other than as explicitly set forth in a particular agreement or governing guideline, your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through a Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other users on the Site or Service.
BECAUSE THE COMPANY IS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND ANY ADVERTISER OR OTHER USER, IF A DISPUTE ARISES BETWEEN YOU AND AN ADVERTISER OR OTHER USER, EACH OF YOU RELEASE THE COMPANY (AND ITS AGENTS AND EMPLOYEES) FROM 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. The Company encourages you and all users to cooperate with each other and to resolve any such disputes.
Use and Storage of Information.You acknowledge that the Company may establish general practices and limits concerning use of the Site and/or any Service, including without limitation, the maximum number of days that messages are stored, comments, patterns or other uploaded Content will be retained by a Service, the maximum number of messages that may be sent from or received by an account on a Service, the maximum size of any message or comment that may be sent from or received by an account, the maximum disk space that will be allotted on the Company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access a Service given in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to comments, patterns, or other Content maintained or transmitted by the Service.
You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time. There is currently not a limit on the amount of accounts per person with the exception of Sock Puppets. Attempting to create Sock Puppet accounts may jeopardize your ability to access the Services, and your original account may be banned and/or closed. All accounts will be reviewed and approved by the Company. You further acknowledge that the Company reserves the right to modify these general practices and limits from time to time, in its sole discretion.
You acknowledge and agree that the Company may access, preserve, and disclose your account information, pattern(s), tutorial(s) and/or Content if required to do so by law, or, if it believes, in good faith, that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any pattern, tutorial or Content violates the rights of third parties, (d) respond to your request for customer services; or (e) protect the rights, property, or personal safely of the Company, its users, and the public.
IndemnityYou agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of pattern(s), tutorial(s) or Content you submit, post, transmit or otherwise make available through the Service, your use of any Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another user.
Termination of Your AccountYou the user agree that the Company may, under certain circumstances, and without prior notice, immediately terminate your account, any associated account(s), and access to any Service indefinitely or for a set period of time. A termination of an account, whether temporarily or permanent, may include limitations to accessing any Service(s), but your profile, including your posts, will not be deleted unless you instruct the Company to remove your profile. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities. Further, you agree that any termination by the Company shall be at the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated Content, pattern(s), tutorial(s) or access to a Service.
You may delete your account data at any time for any reason by editing your profile and deleting information you no longer wish to display publically. You can terminate your account and therefore delete all of your information by selecting the “Delete Account” button in your profile section or by sending an email request to firstname.lastname@example.org..
Disclaimer of WarrantiesYou expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. The Service are provided on an “AS IS” and “AS AVAILABLE” basis. The Company expressly disclaims all warranties of any kind, whether express or implied including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
- The Company makes no warranty that (i) a Service will meet your requirements; (ii) a Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of a Service will be accurate or reliable; (iv) the quality of any products, services, information or other material obtained by you through a Service will meet your expectations; and (v) any errors in the Site, a Service or any software will be corrected.
- Any material downloaded, linked to or otherwise obtained through the use of a Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from the Company or through or from the service shall create any warranty not expressly stated in these Terms.
Limitation of Liability
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE INABILITY TO USE ANY SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
CopyrightIf you believe that the Company or any user of NorthcottFabricCircle.com has infringed your copyright in any material way, please notify the Company by clicking the “Report Abuse” or emailing email@example.com and provide the following information:
- An identification of the copyrighted work that you claim has been infringed.
- An identification of the material on www.NorthcottFabricCircle.com that you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
- Your physical or electronic signature.
Proprietary RightsYou acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that patterns, tutorials, Content or other information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software, patterns or any Content, whether in whole or in part.
Unless you have agreed otherwise in writing with the Company, nothing in these Terms gives you a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. Without limiting the foregoing, the Northcott Fabric Circle logo, and the tag line, “create, share, enjoy,” trademarks, and any other service marks and other Company logos and product and service names are trademarks of the Company. You agree that you shall not display or use these marks in any manner, and that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Governing Law; Disputes; Consent to Personal JurisdictionThis Agreement will be governed by the Laws of the Province of Ontario without regard to its principles regarding conflicts of law. In the event of any dispute between you and the Company, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion. In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and Provincial courts of Ontario shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in those.
Waiver and Severability of TermsThe failure of the Company to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Links/Other Web SitesThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external 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 the Company 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.
No Right of Survivorship and Non-TransferabilityYou agree that your account is non-transferable and any rights to your profile information and Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of LimitationsYou agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within (200) days after such claim or cause of action arose or be forever barred.
Severability of TermsIf any one or more of the provisions in this Agreement are deemed void as a matter of law, then the remaining provisions will continue in full force and affect.
HeadingsSection headings are included in the Agreement for convenience only. They are not to be considered a part of this Agreement, and are not intended to be a full and accurate description of the contents hereof.
Additional AcknowledgmentsYou acknowledge that: (a) You are entering into this Agreement voluntarily and without any duress or undue influence; (b) You have carefully read this Agreement and fully understand its terms, consequences, and binding effect; (c) You have sought the advice of an attorney of Your choice if so desired prior to entering into this Agreement; and (d) You understand that by performing under this Agreement, You agree to be bound by its the terms.
General InformationIn reference to the entire agreement, these Terms and any agreements, guidelines and policies, incorporated by reference herein or applicable to particular Services constitute the entire agreement between you and the Company and govern your use of the Services and Content, superseding any prior agreements between you and the Company with respect to the Services and Content.