TERMS OF SERVICE
BLOCK OF THE MONTH (BOM) PROGRAMS AND MYSTERY QUILT PROGRAMS
When you purchase a block of the month or a mystery quilt program you agree to:
Stitchn Be Artisan Boutique Inc., (“Corporation”) owns and operates the www.stitchnbe.com Website. These terms and conditions govern your relationship with Stitchn Be Artisan Boutique, www.stitchnbe.com (“Website”). Access to and use of this Website and the products and services (collectively, “the Services”) available through the Website and Corporation are subject to the following terms and conditions and notices. By using the Services, you are agreeing to all of the Terms of Service as may be updated by the company without notice from time to time. Check this page routinely and regularly to take notice of any changes the Corporation may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis. The Corporation reserves the right to amend or limit the Services without notice. If for any reason this Website is unavailable at any time or for any period, the Corporation will not be liable. From time to time the Corporation may restrict access to all or portions of this Website.
This Website may contain links to other websites, (the “linked sites”), which are not operated by the Corporation. Stitchn Be Artisan Boutique Inc., has no control over these Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites is subject to the terms of service and use of each of the Linked Sites.
Misuse of this Website is prohibited. You will not: misuse, commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive, obscene or hateful; hack into any aspect of the Service; corrupt data; abuse annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and result in the Corporation reporting such breach to the relevant law enforcement authorities and disclosure of your identity to them.
The Corporation will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The Corporation retains all intellectual property rights over all software and content made available to you on or through this Website (including all photographic image, product descriptions and any other language or text which related to our brand). All software and content (including all photographic image, product description and any other language or text related to our brand) are now and remain the intellectual property of the Corporation. All intellectual property rights are reserved by www.stitchnbe.com and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format or medium, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or any type of commercial enterprise regardless of whether incorporated, sole-proprietor, partnership or home-based business or a private individual. Illegal and unauthorized harvesting of and use of any intellectual property or language related to our brand will result in legal action for damages. Illegal harvesting and/or use of intellectual property or language related to our brand will be subject to billing and collection of illegal harvest/use fee consisting of a payment of no less than $1,000 per photographic image, product description or, language or text related to our brand per day whether harvested or used in whole or in part. It is understood that the harvest/use fee does not preclude or limit legal action or recovery for damages nor will it reduce any amount awarded the Corporation as a result of infringement upon our intellectual property. By virtue of your presence on this site for any duration of time, whether in person or through an agent, contractor or other person or via bot or other electronic means you agree to abide by, consent to and are held liable by these terms and conditions.
When you place an order, the e-commerce solution will automatically send an acknowledgement email confirming your order’s receipt. The email will only acknowledge submission of your order and does not constitute acceptance of your order by the Corporation. A contract between you and the Corporation is formed when the e-commerce solution sends an email confirming the goods you ordered have been shipped to you. Only the goods listed in the confirmation email at the time of shipping are included in the contract formed.
PRICING AND AVAILABILITY
While the Corporation makes every effort to ensure that all details, descriptions and prices for products and shipping which appear on this Website are accurate, some errors may occur. If the Corporation discovers an error in the price of any goods which you have ordered or in the price of shipping to your area, you will be informed of this as soon as is practicable. Should this occur your options are limited to reconfirming your order at the correct price or cancelling the order. If the Corporation cannot contact you, the order will be cancelled. If you opt to cancel the order and have already paid for the goods, you will receive a full refund via the same method of payment.
DELIVERY CHARGES AND TAXES
Shipping costs are extra charges and will appear in addition to the cost of products which you ordered and in addition to all applicable taxes. These charges will be plainly displayed where applicable and will form part of the “Total Cost” of your order.
INVOICES / INTEREST CHARGES
All invoices issued by Stitchn Be Artisan Boutique Inc and www.stitchnbe.com are due upon receipt. Immediate payment is expected and where an invoice remains unpaid after 15 days from the date of invoice, it will be subject to accrued interest at a rate of 2.5% per month or any portion of a month. Interest shall be calculated retroactive to the date of invoice.
The material and content displayed on this Website is provided without any guarantees, conditions and warranties respecting its accuracy. Unless stated expressly to the contrary and to the fullest extent permitted by law Stitchn Be Artisan Boutique Inc., and www.stitchnbe.com and its suppliers, content providers and advertisers hereby expressly exclude all warranties, conditions and other terms which might otherwise be implied by statute, common law or any law of equity. The Corporation and the Website and its owners and shareholders shall not be liable for damages of any kind whatsoever, including but not limited to any direct, indirect, consequential, special, punitive or incidental damages, or damages for loss of use, data, profits or other intangibles, damage to goodwill, reputation or the cost of procurement of substitute goods or services, related to or arising from the use of this Website or the Linked Sites and any material posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the Corporation’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, or any other liability or misrepresentation to a fundamental matter which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
The Corporation reserves the right to determine and approve all links to this site. You may not link to this Website without obtaining prior written permission and consent from the Corporation. Links which are unfair, illegal and which damage the Corporation’s reputation whether in any real or perceived manner or which suggest an association, approval or endorsement on our part where none exists will result in legal action against you. This Website must not be framed on any other site. Where a link to another site is approved by the Corporation, the Corporation reserves the right to revoke the linking permission and to remove the link without notice.
DISCLAIMERS RESPECTING OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD-PARTY COPYRIGHT
Unless the Corporation expressly states otherwise, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Corporation and you should not rely upon the existence of a connection or an affiliation. Any trademarks or brand names referred to on this Website are owned by the respective trademark owners. Where the Website refers to a trademark or brand name, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.stitchnbe.com or the Corporation.
Stitchn Be Artisan Boutique Inc. operates an affiliate program. This program is free and enables members to earn revenue by placing a link or links on their web site which advertises Stitchn Be Artisan Boutique Inc. or one or more of our specific products on it. Any sales made to customers who have clicked on those links will earn the affiliate commission. All affliates must have an account and can apply for one online. (An affiliate acount is separate from individual accounts used to make purchases.) This program is open to non-profit groups like: guilds, art associations, museums, galleries and other organizations which support the arts and artists, crafters and quilters. It is not open to individuals. However, if you are an entity which does fund raising for a charitable purpose, please feel free to make a request by creating an account. All accounts are reviewed and are subject to our approval. We reserve the right determine the rate of commission, to approve, suspend and close an Affliate's account without notice and without reason. By virtue of signing up for an Affliate Account, an affiliates accepts and is subject to all of the Terms & Conditions set out on this site or as set out by Stitchn Be Artisan Boutique Inc. in writing, whether by paper or electronic means. Where an Affliate breaches any of the Terms & Conditions, it forfeits any and all accrued commission and remains subject to any other penalities or prosecution and litigation to which Stitchn Be Artisan Boutique is entitled by law. Any advertisements for which Stitchn Be Artisan Boutique Inc., has paid a fee of any kind are not eligible for embedded codes and may not be linked under the Affiliates Program.
You agree to indemnify and hold harmless Stitchn Be Artisan Boutique and www.stitchnbe.com, its directors, officers, owners, employees, consultants, affiliates, agents and any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of the Terms of Service.
VARIATION OF WEBSITE AND SERVICES
The Corporation reserves the right and shall have absolute discretion which it may exercise at any time and without notice, to amend, remove or vary the services, content or any page or part of any page of this Website.
All clauses in this Terms of Service remain in full force and effect even if any part of the Terms of Service is unenforceable (including any provision in which the Corporation excludes its liability to you). To the greatest extent possible, where any clause, sub-clause or part of a clause or sub-clause may be severed so that the remainder remains valid, the clause shall be interpreted accordingly. Or, alternatively, you agree to rectify the clause by interpreting it according to the closest meaning of the original intent, to the extent permitted by applicable law.
Please email any complaints or comments to firstname.lastname@example.org. The Corporation would like to resolve any disputes or concerns that you have, when they first occur.
If you breach any of these Terms of Service and the Corporation takes no action, the Corporation reserves all rights and is still entitled to take action or pursue remedies in any other situation where you breach these conditions.
The terms and conditions listed on this page and on any other pages where the Corporations policies are listed, explained or contained serve as the entire agreement of the parties and supersedes all other previous and contemporaneous agreement between you and the Corporation. Any waiver of the conditions of this Terms of Service is only in effect if in writing and signed by a Director of the Corporation.