Last revised & date effective: November 6, 2015
If You are using the Website on behalf of a company, entity, or organization (collectively, a "Subscribing Organization") then You represent and warrant that You: (i) are an authorized representative or agent of that Subscribing Organization with the authority to bind such a Subscribing Organization to these Terms; (ii) have read these Terms in their entirety; (iii) understand these Terms, and (iv) agree to these Terms on behalf of such Subscribing Organization.
2. Introduction & Binding Agreement
All pages, information, images and other material of any nature whatsoever on Textillia are considered to be content (“Content”). The text, images, and information You submit on behalf of Yourself or Your business about Your sewing projects (“Projects”), products and/or designs ( “Designs”), the business itself (“Designer”, “Shop”, and/or “Company” pages), your public profile (“Member Profile”), and any other comments or forum posts are considered user-submitted site Content (“User Content”), and must only be submitted if You have the legal right to do so. Our Site relies heavily on User Content; if You believe Your content has been used without permission, please contact us at [email protected].
Please read this agreement carefully. If You do not agree with these Terms of Service in their entirety, You may not use the Site nor register as a Member as doing so is unauthorized and will constitute trespassing and violate applicable law. If you are already registered and disagree with the Terms of Service, You must terminate Your Membership agreement, have Us delete your account by emailing us at [email protected], and discontinue use of and access to the Site and Our Services.
3. Changes to Agreement and Notification Procedures
4. Description of Services
Textillia’s Services include a feature-rich Website that provides tools for:
Planning, documenting, and sharing sewing and textile projects;
Building a community managed database of patterns, fabric, and thread;
Connecting members of the sewing community to each other and to companies in the sewing industry; and
Enabling companies to promote their products and engage more with their customers.
5. Service Updates and Software
We will periodically apply updates, bug fixes, enhancements or other changes to the Services and/or Site. These updates will be automatic (as in they do not require action on the User’s behalf) and mandatory (a User cannot opt out of the updates). At times this may require that You install or upgrade a third-party plug-in on Your computer or device if You wish to maintain continued access to the Site and fully utilize the Services. You assume complete responsibility for updating any necessary third party plug-ins. It is possible that some of Our service updates will require a limited amount of downtime of the Site and Our Services. We will do Our best to provide advance notice when possible, and to keep downtime to a minimum. You agree to waive any potential claim against Us arising out of any downtime or interruption in the continuity of availability of the Services.
6. Access and Membership
Certain Services on the Site may only be available to individuals who have registered for an Account on the Website (“Members”). To register as a Member, You will need to open an account on the Website (an “Account”) by providing at minimum Your email as well as any additional information requested by Us. While there is currently no cost to membership, We reserve the right to charge a fee for membership to the Site in the future. If this should occur You may be required to provide Us additional information including Your full name, address, phone number, other relevant information, and payment information to Us or a third party payment processing service.
We reserve the right terminate Your Membership to the Website at any time, without any prior notice, for any reason, including Your failure to comply with these Terms of Service, or engagement in any activities that, in Our sole judgement, disrupt the Site and our Services, or the enjoyment of other Users of the Site.
If Your Membership is terminated for any reason, your Account will be deactivated, and You will no longer have access to Your Account or the Content you gained access to due to your membership (the “Member Content”). You will still be able to access publicly available Content.
All Users, including Members, are solely responsible for any third party costs incurred in accessing the Site, such as charges for internet service providers or airtime, and appropriate equipment to access the Site. As a site Member, You also assume responsibility for backing up any Content you wish to preserve permanently. We are not liable for the loss of any Content caused by technical failure or discontinuation of Our Site and Services.
6.1 Access by Minors
7. User Content and Submissions
Members may submit Content to the Site through functionality provided by their Account. Any text, images, information, computer files, or any other material whatsoever that You submit (ie. post or upload) to the Site is considered User Content. By submitting User Content to the Site, you grant Textillia and its Members a non-exclusive, perpetual, royalty-free, transferable, sub-licensable, worldwide license to view, use, store, display, reproduce, share, modify, and create derivative works of your User Content on Textillia (and Our associated Services and social media) solely for the purposes of operating, developing, providing, and using Textillia and Our Service, including but not limited to copying, sublicensing, creating derivative works of, and performing publicly, material including your User Content, and in any other media without attribution to You as the author. You also agree to allow Us to use the User Content in our social media marketing and in Our promotional materials without any attribution to You. You agree to waive any moral rights you may have in relation to any User Content. User Content will only be sub-licensed by Us to other parties on those parties’ agreement not to use the User Content for any commercial purpose whatsoever.
By submitting User Content to the Website you represent and warrant that you are the sole holder of the copyright and moral rights in that User Content and have the legal authority to license the User Content and waive Your moral rights in relation to it in accordance with these Terms of Service. For greater certainty, without limiting the generality of the foregoing, you represent and warrant that the User Content does not infringe on the copyright of any third parties.
Examples of Content you likely do not have the right to submit due to potential infringement on the copyright of third parties include:
A photograph depicting a person who has not given You permission to post their photo.
An image or text that belongs to another person or company and is not being posted under the terms of “Fair use” or with their explicit permission.
Any PDFs or other documents or files that You did not create, You do not own, is not from a company You work for, and You do not have explicit permission to submit, for example someone else’s digital PDF pattern.
Written instructions for a pattern that You did not create and do not have the rights or explicit permission to post (small excerpts are usually permitted, like with any text document).
By using the Site and Services, You agree only to submit Content that You have the rights to, and You understand that You retain all rights to, and assume sole responsibility for, the Content you submit.
Certain Content which belongs to another rights holder may be uploaded under the “fair dealing” or “fair use” exceptions to copyright law. These exceptions broadly allow persons to distribute copyrighted material without first obtaining the right-holder’s permission for certain limited purposes such as criticism, private study, or research. Please note that it is entirely Your responsibility to ensure that such Content complies with these exceptions and We do not monitor Content to ensure it complies with such exceptions. If you are unsure whether certain Content qualifies under the “fair dealing” or “fair use” exceptions, you should either ask the owner for permission to use it, or otherwise not use it at all. You agree to indemnify and hold Us harmless from any claim related to uploaded Content that does not meet the “fair dealing” or “fair use” exceptions.
If Content You have copyright over has been submitted to the Site without Your permission, please contact us at [email protected] with a link to the Content, a description of the Content, and what You prefer we do about it, and We will do Our best to address it in a timely manner.
If You submit User Content that is subject to copyright by a third party, We reserve the right to terminate Your Account or moderate or alter Your ability to submit User Content to the Site without prior notice to You. We also reserve the right to remove or modify User Content at any time for any or no reason, including because it may infringe on the copyright of a third party or is otherwise in violation of Our Terms of Service.
In the event Your Account is deactivated for any reason, any User Content you have submitted to the Website may be preserved indefinitely. If you re-activate Your account You may be able to access your Content again, just like previous to the deactivation.
Should you wish for Your account and any User Content You have submitted to the Site to be permanently deleted, You may email a request to [email protected] from the email address you signed up for Your Account with, including your username in the email, along with your request. Once your Member Account and/or Member Content is deleted, it is gone forever and cannot be recovered. If you request for Your account to be deleted, and later want to join the Site again, You will need to register a brand new Account.
8. No Endorsements
Use of images, text, and product names or logos on the Website do not constitute an endorsement on behalf of Textillia, or any other business or person, or a representation that Textillia is in any way associated with or endorsed by this person.
9. Monitoring Content
We are not responsible for monitoring User Content, or any interactions between Users including private messages. Due to the nature of the Site, the large amount of User Content on the Site will not be routinely monitored. You are solely responsible for Your interactions with other Members, and for the Content and information You upload/post.
We may for any or no reason edit, remove, or restrict access to any Content, including User Content, on the Website at any time, and may take any other actions on User Content or Members accounts We or another User may consider to be threatening, bullying, harassing, offensive, obscene, invasive of privacy, racist, sexist, homophobic, or otherwise objectionable or unlawful. We reserve the ultimate right to permanently remove Content and/or suspend or terminate the Membership of people who post User Content which We deem unacceptable.
Not to post, submit, or send any information to, on, or via the Site that could be harmful towards a minor, threatening to another person or their property’s safety, or in any way violent, abusive, harassing, stalking, or bullying to another person.
Not to misrepresent Yourself, Your own business, other people, or other people’s businesses and brands, including registering multiple accounts or accounts that are not under Your own name.
Not to falsify images or any other Content in order to disguise content or lure people into downloading or viewing something other than what is represented.
Not to upload or post any Content which You do not have explicit rights or ownership to post, by law, contract, or any other legally binding agreement.
Not to infringe on another person or company’s copyrights, trademarks, patents, or trade secrets.
Not to make use of any Content uploaded to the Website, by You or any other person, for any commercial purpose whatsoever.
Not to upload, post, or transmit any files or code that contain computer applications or viruses, or in any way attempt to spread viruses, intrude on another person’s digital privacy, or destroy or interrupt the Site and Our services, or the technical equipment of any other Site users.
Not to upload, post, or transmit any unsolicited or unauthorized marketing material, promotions, spam, pyramid schemes, chain letters, affiliate links, or any other form of solicitation.
Not to disobey or interfere with the regulations and policies of this Site or any of the Services associated with this Site.
Not to violate any laws on, or by using, the Site or Our Services.
Not to copy, collect, or transmit any data or personal information about Site Users, except what is explicitly provided for in our Services and under our terms and policies.
Not to post any racist, sexist, derogatory, or homophobic content, or any other Content that would constitute violence towards other users, such as explicit pornography, hate speech, or depictions of graphic violence.
By using the Site, you acknowledge that We cannot and will not be able to monitor all User Content on the Site, and that You may occasionally be exposed to Content that is inappropriate. You waive any legal or equitable claims, rights or remedies You may have to Us and any of Our owners, officers, affiliates, licensors, and licensees arising out of Your exposure to Content on the site.
If You encounter any objectionable Content on the Site, please contact us at [email protected] and we will do Our best to address it in an appropriate and timely manner.
You recognize by using the Site that any criminal or civil laws apply, and that You bear the full responsibility and liability for any User Content you post or upload. You agree to hold Us harmless and identify Us for any claim against You relating to User Content posted on the Site. Further, You agree and acknowledge that we have no duty to defend you in any such suit.
10. Your Feedback
We appreciate and value feedback from Our community Members about the Site and Our Services. You are welcome to submit feedback via Our Contact page, or by emailing us at [email protected]. Any feedback You submit will be treated similarly to User Content, and may be retained for a reasonable amount of time or saved by Us for future use, and will be associated with Your username (if sent through the Contact form while logged in) and email address.
You can contact Us by emailing us at [email protected]tillia.com or writing us by mail at:
TEXTILLIA SEWING COMMUNITY LTD. 1424 Commercial Dr. PO Box 21525 Little Italy Vancouver, BC V5L 3X0 Canada
11. User Licence
Provided You meet all requirements of this Terms of Service, We grant Users of Textillia a limited, non-exclusive, personal, non-sublicensable, non-transferable, revocable, license (the “User License”) to access and use the Site and Our Services only in order to view, and post/upload information and images, and interact with other Site Members.
Each person must register their own User Account and Membership. Shared Accounts are not allowed and multiple individuals may not, at any time, use the same Account. Breach of this term will result in termination of Your Account and at Our discretion You may be banned permanently from registering as a Member.
You may only use Your own Account to access the Site, and assume all liability and responsibility of any actions taken by anyone else using Your Account, or Your using another Member’s account. You may use Your account to access Textillia on multiple computers or mobile devices, but We recommend You make a habit of logging out of public devices or ones that are not exclusively used (and secured) by You to protect your own account and the Site from malicious access.
You may not download, copy, sell, transmit, or distribute in whole or in part, any Site Content not uploaded by You without the express written consent of Us and the Content owner.
In addition, You may not, for any reason:
Sell or distribute any part of this Site or Our Services in any form;
Data mine, use robots or data extraction tools on the Site or its Content;
Circumvent or remove the Site’s protections, copyrights, or trademarks;
Intercept communications between Us or other Users and the Site;
Reverse-engineer or copy any proprietary code or custom functionality of or on the website, in part or in whole. (This excludes any code that it covered under Drupal’s own software license, as it is open source software, and is exempt from this, more info here: https://www.drupal.org/licensing/faq.); or
Copy Content or structure from the Site for use elsewhere, unless it is Content that you own/authored Yourself and have the rights and trademarks to use.
Such unauthorized use of the Site, Our Services, or any Content will result in the immediate termination of the User License we have granted, including the Membership belonging to you or anyone deemed associated with these actions, without notice or reimbursement. In such a situation, you must immediately cease to use the Site and Our Services. Termination of Your Membership does not in any way affect our right to enforce any other clause of Our Terms of Service (nor that of any of Our third party partners), and does not affect Our right to pursue any other recourse stated in our Terms of Service or available to Us under applicable laws.
13. Advertising and Other Communications
Textillia is advertisement-free, thanks to the support of the community of Members! Advertisements ("Advertisements," or "Ads") and affiliate links are NOT allowed on the site and will be removed if found, but You may link to Your own website or blog posts where affiliate links are used. Repeated posting of Ads or affiliate links will result in a warning via email, and at Our discretion may result in temporary or permanent termination of Your Account in our sole discretion.
14. Electronic Communications
By registering for an Account, You agree to receive certain email correspondence from Us, including required emails related to Your Account, and other automated emails related to activity on the Site such as follow-up comments on forum threads, and a regular newsletter relating to the Site. You may elect which optional email notifications You do and do not wish to receive through functionality provided through Your account.
Your privacy matters to Us, and we will never sell or trade your email address. We will only use Your email address to communicate with you about your Textillia membership or related issues.
15. Dealings with Third Party Sites, Links, Advertisers, Services, and/or Other Users
The Website or Services may contain links to other third party websites, services, products, or content that is not owned, controlled or licensed by Us. We make no endorsements, representations, guarantees, or warranties with respect to any third party websites, services, products, or content. If You click-through on any link posted on the Site, You do so at Your own risk and agree that Textillia (including its owners, directors, officers, agents, and employees) are not liable in any manner for any harm (including emotional harm), injury, cost, damage, or loss You may suffer as a result of doing so.
16. Storage of Information
If You terminate or deactivate Your Account, or if You remove Your User Content from the Site (You may do this before deactivating or terminating Your Account), We may retain your information and User Content for a reasonable period of time for backup, archival, or audit purposes. The Site and Our Services may retain and continue to use, store, display, reproduce, share, modify, create derivative works from, perform, and distribute any of Your User Content, Your User Content that other users have stored or shared via the Site and Our Services, or that You have not deleted prior to terminating or deactivating Your Account.
By using the Website, You agree to indemnify Textillia and its owners, directors, officers, employees, agents, representatives, consultants, licensors, suppliers, successors, and assigns from and against any and all claims, proceedings, suits, disputes, demands, liabilities, costs (including legal and accounting fees), damages, losses, expenses, and injuries arising from: a) any action You take or fail to take, including but not limited to torts, civil wrongs, or criminal wrongs You commit, facilitate, or participate in while using our Website; b) Your violation of these Terms; c) Your violation of an applicable law or regulation; d) Your violation of any rights of a third party, including but not limited to the rights of other Users, and d) Your misuse of the Website or the Services.
18. Termination of Your Account
18.1 By the Company
18.2 By you
You may terminate Your Account at any time by contacting us at [email protected] and requesting for Your Account to be deactivated. If you want Your personal information and any User Content You submitted to be disassociated from Your username or permanently removed, let Us know and We can do so. We can also permanently delete any Content other than Community Content (Patterns, Fabric, Fabric collections, and Thread) submitted by You, and optionally also remove your username from Community Content on the Website. Please note that once deleted, data cannot be recovered, whereas a deactivated account can be reactivated with data intact.
19. Disclaimer of Warranties
BY USING THE WEBSITE AND ITS RELATED SERVICES YOU AGREE TO DO SO AT YOUR OWN RISK. THE PRODUCTS, SERVICES, AND WEBSITE AND ALL RELATED USES, CONTENT, AND MATERIALS ARE PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND ARE PROVIDED ON AN “AS IS” BASIS. WITHOUT LIMITING THE FOREGOING, THE WEBSITE AND ITS RELATED SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE WEBSITE AND ITS RELATED SERVICES WILL FUNCTION WITHOUT ERRORS OR DOWNTIME. BY USING OUR WEBSITE, YOU AGREE THAT TEXTILLIA AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED IN CONNECTION WITH USING, OR THE INABILITY TO USE, OUR WEBSITE, AND SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS, MALICIOUS ATTACKS, OR DOWNTIME WHICH AFFECT OUR WEBSITE’S SERVICE. BY USING OUR WEBSITE YOU AGREE THAT TEXTILLIA IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, MATERIALS, OR CONTENT SHARED BY USERS. TEXTILLIA IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES. YOU AGREE TO USE TEXTILLIA AND THE SERVICES AT YOUR OWN RISK AND YOU ASSUME ANY AND ALL LIABILITY FOR ANY HARM, INJURY, LOSS, COSTS, OR DAMAGES SUFFERED AS A RESULT OF USING THE WEBSITE AND ITS ASSOCIATED PRODUCTS OR SERVICES.
FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TEXTILLIA MAKES NO WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR GUARANTEES TO THE EFFECT THAT THE WEBSITE OR SERVICES PROVIDED ARE LEGAL IN YOUR JURISDICTION. IT IS YOUR RESPONSIBILITY TO ENSURE THAT SERVICES ARE LAWFUL IN YOUR JURISDICTION AND YOU AGREE NOT USE THE SERVICES OFFERED ON THE WEBSITE WHERE UNLAWFUL.
20. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXTILLIA AND ITS OWNERS, DIRECTORS, EMPLOYEES, OFFICERS, CONSULTANTS, AGENTS, LICENSORS, SPONSORS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGES OR LOSS TO PROPERTY, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
YOUR USE OF THE WEBSITE;
YOUR USE OF SERVICES, PRODUCTS, OR ADVICE RETAINED THROUGH THE WEBSITE;
THE INABILITY TO USE THE WEBSITE AND/OR THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE DUE TO ANY CAUSE;
THE COST OF PROCUREMENT OF SUBSITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.
FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXTILLIA AND ITS OWNERS, DIRECTORS, EMPLOYEES, OFFICERS, CONSULTANTS, AGENTS, LICENSORS, SPONSORS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL OR EXEMPLARY DAMAGES ARISING FROM SERVICES OBTAINED THROUGH THE WEBSITE. Except for a party’s liability arising from any willful misconduct, or fraud of another party, no party shall be liable for any loss of use, interruption of business, lost profits, damages resulting directly or indirectly from conduct of any third party on the Website, or any indirect, special, incidental, or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), strict product liability, or otherwise even if it has been advised of the possibility of such damages.
The limitations on liability set out in these Terms shall be in addition to and not in replacement or derogation of those limitations on liability set out in any other agreement between some or all of the parties to these Terms.
21. Copyright Notice
21.1 Non-Infringement and Other User Conduct
You may only upload or post Content to the Website which You own or have explicit permission from the owner to upload. If You believe someone has infringed upon Your copyright(s) by uploading certain User Content to the Website, You agree to contact us at [email protected] immediately so that We may resolve the situation.
21.2 DMCA Notice
Textillia respects the rights of copyright holders and will quickly respond to any claims of copyright infringement reported on Our Website. If You find anything on Our Website that You believe infringes Your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement using a Digital Millennium Copyright Act (DMCA) notice. To do so, please provide Us with the following information:
Identification of the copyrighted work that You claim has been infringed;
Identification of the allegedly copyright infringing Content on Our Website that You desire to have removed or disabled;
Include the URL that points to the allegedly copyright infringing Content; or
Include a description of where to find the allegedly copyright infringing Content;
Your contact information including name, address, email address, and phone number;
A physical or digital signature of the true copyright holder or their authorized representative;
A statement by You that You have a good faith belief that the use of the allegedly copyright infringing material is not authorized by the copyright owner, its agent, or the law; and
A statement by You that the information in the DMCA Notice is accurate, and, under penalty of perjury, that You are the copyright owner or authorized to act on behalf of the copyright owner.
Please send any DMCA notices to Us at:
We reserve the right to remove allegedly copyright infringing Content without notice and without liability to You. We reserve the sole discretion to suspend, terminate, ban, or delete any Account associated with or connected to any copyright infringing activities or behaviors and You agree that Textillia is not liable to You for any harm, injury, loss, or damage suffered should such an event occur.
Unless otherwise stated, the Website, Services, and Content are protected by Canadian, United States, and International copyright law and conventions, and all other relevant intellectual property and proprietary rights laws.
Except for any User generated Content on the Website, all Content on this Website is the sole property of Textillia or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Textillia, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content. We reserve all of Our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that We may have related to this Website, its materials and contents, and Services that may be provided through this Website. By making this Website and Services available to You, Textillia is not providing You with any implied or express licenses or rights other than those expressly stated in these Terms.
22. Data Security and Removal of Content
You may remove Your User Content from the Site at any time by contacting us at [email protected]. Upon receipt of such a request we will, within a reasonable time, remove User Content from the Website, however copies of the User Content may persist in server backups or other necessary systems to run the Site for a reasonable amount of time after it has been removed from the Website.
We endeavor to protect all user data, including personally identifiable information, from security breaches. However, we cannot guarantee the safety of your data or a User Account. By using the Website, You agree to release Us from all and any liability for any harm, injury, or damage suffered by You, or the Subscribing Organization You represent, as a result of a security breach, failure or shortcoming of Textillia. You agree to use Our Website at Your own risk. By using this Website You also agree to notify Us immediately if You believe that a security breach is occurring, or will occur.
23. Our Proprietary Rights
If you submit feedback or ideas about the Site and Our Services to Us, including ideas about how to improve the Site (“Feedback”), You agree that this disclosure is voluntary and non-confidential, and We are free to use such Feedback without compensation to You, financial or otherwise. By submitting Feeback You agree that by receiving the Feedback we are not required to use the Feedback in any way, nor do we waive the right to use similar ideas previously known by Us or provided to Us, by someone other than You.
24.1 Entire Agreement
If any of the provisions of these Terms is found to be inconsistent with any applicable law, then such provision shall be interpreted to reflect the intentions of the Parties in accordance with the applicable law, the remainder of these Terms shall remain in force, and no other provision will be modified.
In the event of any controversy or claim arising out of or relating to Your use of the Website or the Services, or these Terms or a breach thereof, the Parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to research a satisfactory solution. If they do not reach settlement within a period of thirty (30) days, then, upon notice by any Party to the other, any unresolved controversy or claim shall be finally settled by arbitration administered by the International Centre for Dispute Resolution in accordance with the provisions of its International Arbitration Rules. The number of arbitrators shall be one (1) and the place of arbitration shall be Vancouver, British Columbia, Canada. Unless We agree otherwise, the arbitrator shall not consolidate multiple individuals’ claims or hear multiple claims.
24.4 Governing Law
Subject to the above arbitration provision, these Terms are governed in all respects solely by the laws of the Province of British Columbia and the federal laws of Canada, as applicable. You agree to waive the right to bring any claim against Us, whether or not relating specifically to these Terms, in any court located outside British Columbia, or to argue that any such court has jurisdiction over any such claim. Nothing herein shall prevent Us from seeking or obtaining equitable relief in any court of competent jurisdiction.
24.5 Waiver of Right to Trial By Jury and Class Action
You agree, to the fullest extent permitted by law in your home jurisdiction, to waive any right to a trial by jury or to participate in a class action against Us in any forum whatsoever, including arbitration.
24.6 No Waiver
Any Waiver of any portion of these Terms of Service by Us must be in writing and no waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
24.7 No Right of Survivorship and Non-Transferability
You acknowledge that as Your Account is tied to you as a person, upon your death, it may not be transferred to anyone else who will continue to use it in your likeness or in your place. Your User Profile and any non-Community Content associated with it (eg. Shop, Company, and Designer profiles, Forum posts, Comments) may be allowed to exist on the Site indefinitely or You may have ownership of any Shop, Company, and/or Designer profiles reassigned to someone who you’ve willed your Company to, though your personal account access will be terminated when your Membership is not renewed. If You (via Your will or estate plans) or someone who has been instructed to deal with Your will and estate requests for Your Member Profile and Content to be permanently deleted or reassigned ownership, accompanied with a copy of your death certificate, We will comply and remove the content as soon as possible. If Your loved one has passed and You wish for their Member Profile and non-Community Content to be removed from the Site, please contact us with a copy of their death certificate at [email protected].
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Any notices under this agreement may be sent to [email protected].
24.10 Limitation Period
Sections 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 23, and 24 shall survive any termination of this Agreement.
24.12 Additional Acknowledgments
24.13 No Joint Venture