Terms of Use
Last updated: July 14th, 2025
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: Ontario, Canada
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Dress Crest Embroidery Company Ltd., 72 Crimson Ridge Rd, Barrie, Ontario L4N 0G7. Also known as Embroidery Legacy.
- Content refers to content such as text, images, designs, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Website or our Software.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Embroidery Legacy’s Website, accessible from https://www.embroiderylegacy.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. Such information is subject to the terms of the Privacy Policy.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation & Returns Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions.
Your right to cancel an Order only applies to Goods that are physical and returned in the same condition as You received them. You should also include all of the product’s instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. Returns will receive a refund of the price of the item and any applicable taxes minus a $30 restocking fee. Customers are responsible for all shipping costs for the item unless the item is being returned because it is incorrect, damaged, or defective.
Our digital products, including embroidery designs, software, and online education, can not be returned after purchase unless otherwise stated on that product’s specific sales page. This is due to the electronic and downloadable nature of these products.
Please note that You are responsible for verifying software and embroidery design compatibility with your devices before purchase. This is not an eligible reason to request a refund.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Easy Pay Installment Plan
If you choose the Easy Pay Installment Plan for our Embroidery Legacy Digitizing Software, the following additional terms apply:
- Payment Plan
Easy Pay lets you own the software after completing twelve (12) consecutive monthly payments. By selecting Easy Pay, you agree to automatic monthly charges to your chosen payment method until all twelve payments are completed.
- Ownership
You do not own the software (and no permanent license is granted) until all twelve (12) payments are successfully completed. Until then, Embroidery Legacy retains full ownership and rights to the software license.
- Missed or Failed Payments
If a payment fails or isn’t made on time, your software access may be suspended or permanently revoked. All Easy Pay–related bonuses and membership benefits, including but not limited to Embroidery Legacy Design Club access, bonus training and access to our private members-only Skool community, will also be suspended/revoked until payments are resumed and your account is brought back into good standing. If your access is revoked due to non-payment, you may also lose access to any associated files, account data, settings, or cloud-based features connected to your software and license.
- Resuming Payments & Reactivation
If you miss a payment, you have 365 days to resume payments. Once a payment is made to resume software access, please allow up to five (5) business days for our team to manually reactivate your license/activation key (often much sooner). Reactivation restores access but does not grant ownership until all twelve (12) payments are completed.
- No Refunds on Installments
All installment payments are non-refundable. If you cancel, default, or do not complete all twelve (12) payments, you forfeit ongoing access and ownership and are not entitled to a refund of any payments already made. (This complements our existing policy for digital products being non-returnable.)
- Payment Method Responsibility
You’re responsible for keeping your payment method valid and up to date during the plan. We are not responsible for any fees or issues resulting from failed payments.
- No Transfer or Resale
The Easy Pay license is non-transferable and may not be sold, shared, or assigned to another person or business. Doing so will result in immediate termination of access.
- Changes to Easy Pay
We may change or discontinue Easy Pay for future customers at any time. Changes will not affect customers already enrolled in an active plan.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it, or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings, on the Memberships page. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, your account will be suspended, and the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You withat least thirty (30) days prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
You may be required to enter Your billing information in order to sign up for the Free Trial. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Create & Post Content
Our Service allows You to create and post Content. You are responsible for the Content that You create or post using the Service, including its legality, reliability, and appropriateness.
By posting or creating Content using the Service, You grant Us the right to modify, publicly display, reproduce, and distribute such Content in the form of a non-exclusive, royalty free license. You retain any and all of Your rights to any Content You create, post, or display using the Service and You are responsible for protecting those rights. You agree that this non-exclusive license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email 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, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company (including posts in our Facebook groups). If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service and/or cancel Your Subscription.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service for Goods subject to the damages claimed by You, the amount paid for one Subscription period if You purchased a Subscription, or $100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees and legal expenses) arising out of or relating to:
- Your use of the Service, including but not limited to any data or Content you submit, create or transmit through the Service;
- Your breach or violation of these Terms;
- Your violation of any rights of a third party, including but not limited to intellectual property rights, publicity, confidentiality, property, or privacy rights; or
- Any conduct or activity in connection with the Service that is illegal, fraudulent, negligent, or otherwise wrongful.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with the Company in asserting any available defenses.
Force Majeure
The Company shall not be held liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control (“Force Majeure Events”). Force Majeure Events include, but are not limited to:
- Acts of God (e.g., natural disasters, earthquakes, hurricanes, floods);
- War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, civil unrest, or riots;
- Government actions, orders, or restrictions, including but not limited to embargoes, lockdowns, or trade restrictions;
- Pandemics, epidemics, or other public health emergencies;
- Labor strikes, industrial actions, or lockouts;
- Failures of public utilities or communication networks; and
- Any other event or circumstance beyond the reasonable control of the Company.
In the event of a Force Majeure Event, the Company’s obligations under these Terms shall be suspended for the duration of the Force Majeure Event. The Company will make reasonable efforts to resume performance as soon as practicable after the Force Majeure Event concludes.
If a Force Majeure Event continues for an extended period, either party may terminate the affected services without liability, provided that such termination does not affect previously accrued rights or obligations.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law and Jurisdiction
The laws of the Province of Ontario, Canada, excluding its conflict of law provisions, shall govern these Terms and any disputes arising out of or relating to them or Your use of the Service.
Any disputes not resolved through arbitration (if elected by the Company) shall be adjudicated exclusively in the courts located in the Province of Ontario, Canada. You consent to the jurisdiction of such courts and waive any objections to the venue, including claims of forum non-conveniens.
This governing law provision applies regardless of your location or the location from which you access the Service, subject to any mandatory provisions of local consumer protection laws. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Company-Directed Dispute Resolution
At the sole discretion of the Company, any dispute, controversy, or claim arising out of or relating to these Terms, Your use of the Service, or the relationship between You and the Company may be resolved through binding arbitration. Arbitration is an alternative dispute resolution process that is less formal than a court proceeding and uses a neutral arbitrator instead of a judge or jury. Arbitration shall be conducted in accordance with the rules of the ADR Institute of Canada (ADRIC) or a comparable arbitration body.
If the Company elects arbitration, the following terms shall apply:
- Arbitration Rules: The arbitration shall follow the ADRIC Arbitration Rules or another mutually agreed framework.
- Arbitration Location: The arbitration shall take place in Ontario, Canada, unless otherwise agreed upon by the parties or required by applicable law.
- Costs of Arbitration: Each party shall bear its own transportation, lodging and costs of arbitration unless the arbitrator determines otherwise.
- Class Action Waiver: You agree to resolve disputes with the Company on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
- Exceptions: The Company reserves the right to pursue legal action in court for any dispute involving intellectual property rights, violations of these Terms, or where arbitration is not required by law.
Company’s Right to Decline Arbitration
The Company retains the right, at its sole discretion, to decline arbitration and pursue resolution through other legal means, including litigation in court.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Embroidery Design Files Copyright Notice
© COPYRIGHT NOTICE All designs are copyrighted by the Company. In addition to the terms of use policy outlined on this page, our design files may not be distributed electronically in any format or by any method, either altered or unaltered, without the express written permission of the Company. By purchasing or downloading a design file, you acknowledge that you agree to the License Terms. The Company grants the purchaser to unlimited use of its designs for personal home use. The purchaser is also permitted to produce and sell up to 50 embroidered items for profit. For embroidering and selling more than 50 embroidered items, contact [email protected].
USER LICENSE AGREEMENT
The Company is providing you a limited license to use the embroidery design files (the “Design Files”) subject to the terms of this USER LICENSE AGREEMENT (this “Agreement”).
IMPORTANT – PLEASE READ CAREFULLY THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE Company. FOR USE OF THE DESIGN FILES FOR WHICH YOU HAVE PAID THE DESIGNATED LICENSE FEE. BY PURCHASING THE DESIGN(S) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS AND AGREE TO BE BOUND BY THEM.
1. LICENSE AND SCOPE. The Design Files are licensed, not sold, to you. You have a nonexclusive, nontransferable, limited license to use the Design Files. THIS LICENSE IS LIMITED TO YOUR OWN PERSONAL, INTERNAL USE ONLY. You agree that you will not distribute or otherwise provide the Design Files to any third party. You further agree to keep confidential and use your best efforts to prevent and protect the Design Files from unauthorized disclosure or use, including, but not limited to taking necessary steps to prevent use of the Design Files by individuals not specifically licensed to use the Design Files under this Agreement. The Company reserves all rights, title and interest to the Design Files not expressly granted to you under this Agreement.
2. RESTRICTIONS. You are not permitted to sell, rent, lease, lend or otherwise transfer the Design Files on a permanent or temporary basis without the written consent of the Company. You are not permitted, nor can you allow any third party, to remove any proprietary notices, labels or trademarks on the Design Files. You are not permitted, nor can you allow any third party, to use the Company’s or the Company’s suppliers’ names, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except to the minimum extent necessary to affix the appropriate copyright or other proprietary notices, if applicable. You may not sublicense the Design Files, or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void and shall void your rights to use the license granted by this Agreement.
3. OWNERSHIP & COPYRIGHT: All title, ownership rights, and intellectual property rights in and to the Design Files and any copies thereof are vested in and shall remain in the Company and/or its suppliers. You agree that you neither own nor hereby acquire any claim or right of ownership to the Design Files or to any related patents, copyrights, trademarks or other intellectual property. This license is not on sale of the original or any subsequent copy. The Design Files are protected by the copyright laws and other intellectual property laws of Canda, the United States and international treaties. You may not copy the Design Files, except to transfer the embroidery file to your embroidery machine. You may also make one copy of a Design File for back-up or archival purposes only.
4. PRODUCTS CREATED FROM DESIGN: The Company grants the purchaser to unlimited use of its designs for personal home use. The purchaser is also permitted to produce and sell up to 50 embroidered items for profit. For embroidering and selling more than 50 embroidered items, please contact the Company at [email protected] to request purchase of a specified Commercial License. The specified Commercial License will be separate from this Agreement and the terms of the specified Commercial License will only apply to the Design Files that are subject to the specified Commercial License. You acknowledge that copyright laws, trademark laws, and other intellectual property laws may prevent the use of any products created with the Design Files if such products copy, imitate, mimic, emulate, approximate, depict or otherwise infringe on designs, images, or other protected works in the United States or other countries. You acknowledge and agree that it is your responsibility to ensure that products created with the Design Files – particularly products intended for sale and distribution – do not infringe on the intellectual property rights of third parties not associated with The Company and its suppliers. Any action for infringement of intellectual property rights of third parties against the you are subject to Section 9. LICENSEE INDEMNIFICATION below.
5. TERM AND TERMINATION: The license is effective until terminated. You may terminate this license at any time by deleting all of the downloaded Design Files and providing evidence to The Company of such deletion of all of the downloaded Design Files. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will destroy (or permanently erase) all copies of the Design Files and provide evidence to The Company of such deletion of all of the downloaded Design Files. The Company may terminate this license at any time by providing notice by fax, email, or letter and refunding the purchase price of the design.
6. NO WARRANTY: To the maximum extent provided under applicable law, the design files are provided “as is” without warranty of any kind either express, implied, or statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Such jurisdictions give you specific legal rights and you may also have other rights, which vary, from jurisdiction to jurisdiction.
7. LIMITATION OF REMEDIES AND LIABILITIES: To the maximum extent provided under applicable law, in no event will the company or its suppliers be liable to you or any third party for any incidental, indirect, special, consequential, or punitive damages, including any damages for lost data, lost time or lost profits, arising from or relating to this agreement, regardless of the nature of the claim, even if The Company knew or should have known of the possibility of such damages. To the maximum extent provided under applicable law, The Company’s lability shall be limited to the amount actually paid by You through the Service for Goods subject to the damages claimed by You, the amount paid for one Subscription period if You purchased a Subscription, or $100 USD if You haven’t purchased anything through the Service. Further, The Company’s total cumulative liability arising from or related to this agreement, whether in contract or tort or otherwise, will not exceed the amounts paid by You to The Company under this agreement during the twelve (12) months preceding the incident giving rise to liability. This limitation is cumulative and will not be increased by the existence of more than one incident or claim.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND: The Design Files are a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.
9. LICENSEE INDEMNIFICATION: You agree that you shall indemnify and hold The Company, and its owners, officers, directors, employees, and suppliers (each a “Company Indemnitee”) harmless from any and all liabilities, losses, costs, damages and expenses, including, without limitation, reasonable attorneys’ fees, that a Company Indemnitee suffers or incurs in connection with any claim, action, demand, or other legal action brought by a third party arising from or relating to: (i) any breach by you of this Agreement; or (ii) any claims related to products created by you in connection with your use of the Design Files.
Embroidery Software End User License Agreement by Tajima
Software Solutions Inc.
In addition to agreeing to our terms of use, please carefully review the End User License Agreement put forth below by Tajima Software Solutions Inc. (the developer of The Company’s Embroidery Legacy Embroidery Software and Design Doodler products).
By purchasing any of our embroidery software programs, you agree to the end user license agreement of Tajima Software Solutions Inc.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. These modifications to these Terms can be found on Our website. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. Ensure you are on our newsletter list to receive email updates, including material revisions to these Terms and Conditions. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
