Copyright & Terms of Service

Copyright & License


 

©2020 MARGARET HINES AND/OR MAGPIE DESIGNS.  ALL RIGHTS RESERVED.

 

THE EMBROIDERY DESIGN FILES, GRAPHIC FILES, PRODUCTION INFORMATION, AND ANY OTHER FILES PROVIDED AS PART OF THE ZIPPED EMBROIDERY FILE PURCHASED ARE THE SOLE PROPERTY OF MARGARET HINES AND/OR MAGPIE DESIGNS AND MAY NOT BE SOLD, DUPLICATED, SHARED, OR REPRESENTED AS ANOTHER PERSON AND/OR ENTITY'S PROPERTY, CREATION OR WORK. 

 

THE SINGLE USER LICENSE WHICH YOU HAVE PURCHASED AS THE "ACCOUNT HOLDER" REGISTERED ON MAGPIE DESIGNS WEBSITE PERMITS FOR THE FOLLOWING USES:

 

  1. The Account Holder may stitch out the embroidery files on finished projects for personal use, gifts or sale by the Account Holder only as original purchaser of the embroidery design. The Account Holder may use the embroidery designs as part of a finished project/product for sale, whether by way of direct custom order, via the Account Holder's own website or social media site, craft show/sewing fairs, and/or similar cottage industry, to an aggregate overall maximum of 50 times/items.

 

  1. If the Account Holder wants to use a design from Magpie Designs as part of an educational workshop, class or event, whether on-line or in a physical location, special permission can be arranged and a special licensing fee will apply. Contact Margaret at www.magpieembroiderydesigns.com through the Contact Us page or directly at magpiedesigns@bellnet.ca for information regarding educational licensing. 

 

  1. If the finished projects/items are either displayed by the Account Holder on-line (i.e. on a website or social media site, in a blog, etc.) with any portion of the purchased embroidery design visible, or in a physical location such as a craft show or store, acknowledgement crediting the embroidery design to Margaret Hines / Magpie Designs and a link to www.magpieembroiderydesigns.com is required to be provided.

 

  1. The Account Holder may not lend, give or sell files to anyone EVER. The Account Holder may not change, add to, or delete parts of any of the files and otherwise represent them, whether altered or not, as the Account Holder's own designs or creations.

 

  1. The Account Holder MAY change thread colours indicated in the design file or associated files, use a different preferred thread type (e.g. Madeira, Gunold, Floriani, Sulky, etc.) or weight, use different materials or stabilizers than may be recommended, etc. Margaret Hines / Magpie Designs shall not be liable or responsible for any problems or issues with the finished embroidery result attributable to such decisions by the Account Holder. 

 

  1. Under no circumstances shall the Account Holder send the embroidery files to another embroiderer or digitizer to be changed or resized in any way, by any electronic or physical method.

 

  1. This license does NOT grant to the Account Holder use of the design for commercial use not otherwise specified above. Commercial use licenses can be purchased for an additional fee.  Contact Margaret at www.magpieembroiderydesigns.com through the Contact Us page or directly at magpiedesigns@bellnet.ca. 

 

  1. Failure to respect the above copyright provisions can and will result in denial of further orders from the Account Holder, termination of such account without further notice, and/or further legal action by Margaret Hines / Magpie Designs.

 

TERMS & CONDITIONS


Please read these Terms and Conditions (“Terms”) carefully before using the http://www.magpieembroiderydesigns.com website operated by Magpie Designs (“us”, “we”, or “our”).

  1. Your access to and use of our services is conditional upon your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users and others who wish to access or use our service.
  2. By accessing or using our services, you agree to be bound by these Terms.  If you disagree with any part of the Terms then you do not have permission to access our services.

Purchases

  1. If you wish to purchase any product or service provided by us, you may be requested to provide certain information relevant to your purchase such as, but not limited to, your credit card number and expiration date, and your e-mail and mailing addresses for account, billing and shipping purposes.
  2. You represent and warrant that: 

(i)  You have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase from us; and 

(ii)  The information you supply to us is true, correct and complete.

  1. We may employ the use of third party services for the purpose of facilitating payment and the completion of purchases.  By submitting your information, you grant us the right to provide your information to these third parties subject to our Privacy Policy[LINK].

Availability, Errors and Inaccuracies

  1. We are constantly updating our product and service offerings.  We may experience delays in updating information on our website and in our advertising on other web sites. The information found on the website may contain errors or inaccuracies and may not be complete or current.  Products or services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on the website.
  2. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

  1. When you create an account with us, you guarantee that you are above the age of 18 years, and that the information you provide us is accurate, complete, and current at all times.  Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account with us.
  2. You are responsible for maintaining the confidentiality of your account and password, including but not limited to restriction of unauthorized access to your computer and/or account.  You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with us or a third-party service.  You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  3. You may not use as a username or password 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.  You may not use as a username or password any name that is offensive, vulgar or obscene.
  4. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Links To Other Websites

  1. Our website may contain links to third party websites or services that are not owned or controlled by Magpie Designs.
  2. Magpie Designs has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services.  We do not warrant the offerings of any of these entities/individuals or their websites.
  3. You acknowledge and agree that Magpie Designs 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 third party websites or services.
  4. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Governing Law

  1. These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
  2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect.  These Terms constitute the entire agreement between us regarding our services, and supersede and replace any prior agreements we might have had between us.

Changes

  1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  If a revision is material we will provide at least 30 days notice prior to any new terms taking effect.  What constitutes a material change will be determined at our sole discretion.
  2. By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms.  If you do not agree to the new terms, you are no longer authorized to use the services of Magpie Designs.

Disclaimers

  1. Your use of our website shall be at your sole risk to the fullest extent permitted by law.  Magpie Designs and its successors, assigns, officers, directors, employees or agents do not make any warranties, express or implied, to you in connection with your use of the website, the accuracy or completeness of the content of the portal or the content of any other linked websites.  Magpie Designs assumes no liability or responsibility to you for:

(i) errors, mistakes or inaccuracies of content; 

(ii) personal injury or property damage of any nature resulting from your use of the website or any digitized embroidery files purchased. 

(iii)  any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein;

(iv) any interruption or cessation of transmission to or from our website;

(v) any bugs, viruses, trojan horses and any similar malware which may be transmitted to or through our portal by any third party; and/or

(vi) any errors or omissions in any content or user submission, or for any loss or damage of any kind incurred as a result of your use of any content or user submission posted, e-mailed or transmitted or otherwise made available through our website;

  1. Magpie Designs does not warrant, endorse, guarantee or assume responsibility for any product or service advertised, offered or featured in any manner by a third party through our website or any hyperlinked websites.  Magpie Designs will not be a party or in any way responsible for monitoring any transaction between you and third party providers of products or services.  As with any purchase of products or services in any manner, you are advised to exercise your best judgment and caution when obtaining such third party products or services.

Limitation of Liability

  1. In no event shall Magpie Designs and its successors, assigns, officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your use of the website, including without limitation, whether based on warrant, contract, tort or other legal theory or proceeding, and whether or not we are advised of the possibility of such damages.  The foregoing limitation of liability shall apply the fullest extent permitted by law and court of competent jurisdiction. 
  2. You specifically acknowledge that Magpie Designs and its successors, assigns, officers, directors, employees or agents shall not be liable to you for the content of user submissions or the defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damages from the foregoing rests entirely with you.
  3. The website is controlled and offered by Magpie Designs from its facilities in Canada.  Magpie Designs makes no representation that the website is appropriate or available for use in other locations.  Those who access or use the Portal from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

  1. You agree to defend, indemnify and hold harmless Magpie Designs Embroidery Legacy and its and its successors, assigns, officers, directors, employees or agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

(i) your use of and access to the Websites; 

(ii) your violation of any term of the Terms of Use;

(iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; and/or 

(iv) any claim that one of your User Submissions caused damage to a third party.

Termination

  1. We may terminate or suspend your account and bar further access to services offered by Magpie Designs immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
  2. If you wish to terminate your account, please advise Magpie Designs through Contact Us.  Upon such notification, any and all digital files, user submissions, other purchases and/or personal or financial information associated with, or remaining on, your account will be deleted forthwith from our system without further notification.
  3. Notwithstanding any termination or expiry of your membership or your ceasing to use the website, your obligations hereunder shall survive indefinitely.
  4. All provisions of these Terms which, by their nature should survive termination, shall survive termination including, without limitation, ownership and copyright provisions, licences, warranty disclaimers, indemnity and limitations of liability.

Ability to Accept Terms of Use

  1. You affirm that you are more than 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

    Contact Us

  2. If you have any questions regarding these Terms, please do not hesitate to Contact Us.