Effective Date: June 19, 2020
2. YOUR REGISTRATION OBLIGATIONS.
1. You may use the Services only if you are at least 18 years of age and are not a person barred from receiving services under the laws of the applicable jurisdiction. For certain features of the Services, you will need to create an account and become a "User". You also agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration form.
2. You acknowledge that you have no ownership rights in your account. If you or Quilted Lovelies cancels your account, all your account information, and any files, Documents (as defined below), and any other materials you provided, created or associated with your account (collectively with Documents, "User Content") will be deleted and removed from the Services. You should know that in certain instances some User Content may continue to be available on the Services for some period of time because of delays in effecting deletion or through cached copies retained by third parties. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
3. USE OF SITE’S CONTENT.
4. SERVICE RULES.
1. In order to provide a welcoming and productive community on our Services and to improve the safety and security of our Services, we require that you adhere to the following rules:
(a) Do not give your username or password to others. You are responsible for maintaining the confidentiality of your username and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Services, you risk losing your access to the Services. You agree to notify Quilted Lovelies immediately of any unauthorized use of your registration and password.
(b) Do not respond to postings by other Quilted Lovelies users in any manner or for any purpose other than that which is expected.
(c) Do not delete or revise any material posted to the Services by any other person or entity.
(d) Do not violate or attempt to violate the security of the Services.
(e) Do not access, tamper with, or use non-public areas of the Services.
(f) Do not log into a server or account which you are not authorized to use.
(g) Do not use the Services to advertise or offer to sell or buy any goods or services.
(h) Do not use the Services for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party's intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.
(i) Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures of the Services without proper authorization.
(j) Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding", "mail bombing" or "crashing".
(k) Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services.
(l) Do not send SPAM or commercial emails of any kind and do not send any unsolicited e-mail to individuals, entities or other Users.
(m) Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(n) Do not attempt to or actually access the Services by any means other than through the interfaces provided by Quilted Lovelies or by navigating to the Services using a web browser. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.
(o) Do not use manual or automated software, devices, script robots, other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services contained in or on the Services.
(p) Do not utilize or copy information, content or any data you view on and/or obtain from the Services to provide any service that is competitive, in Quilted Lovelies' sole discretion, with the Services.
(r) Encourage or enable any other individual to do any of the foregoing.
(s) Report inappropriate postings or conduct to Quilted Lovelies.
5. UPLOADING/POSTING OR DISTRIBUTING DOCUMENTS AND OTHER USER CONTENT.
1. In order to maintain the integrity of our Services and promote a positive experience for all users, you must adhere to the following rules:
(a) Your User Content may not contain: (i) confidential or private information belonging to others including material non-public information about an individual, company or entity which you do not have the right to transmit or publish or hold in your possession, for whatever reason; (ii) material that infringes on or misappropriates any intellectual property rights, or violates the privacy or publicity rights of others; (iii) white text keywords (including any words embedded in a Document and hidden from the User); (iv) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; (v) anything that is embarrassing or offensive to another person or entity; (vi) anything that would give rise to criminal or civil liability, (vii) anything that encourages conduct that constitutes a criminal offense; (viii) anything that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"; (ix) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, malware or other computer code, file, or program that is harmful or invasive or may, or is intended, to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; or (x) any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
(b) You may not use your User Content to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business; (iv) post chain letters or pyramid schemes; (v) post opinions or notices, commercial or otherwise; or (vi) restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Services).
(c) User Content must not contain anything indicating that others should email for more details. Users may not charge a fee or restrict complete access to all Document information.
(d) If you have information that you want to remain confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any portion of the Services. QUILTED LOVELIES IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON OR THROUGH OUR SERVICES.
1. Our Services require payment. In order to use our Services you must select a payment method and provide accurate billing and payment information when prompted. You agree to pay Quilted Lovelies for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize Quilted Lovelies to charge your designated payment method for such charges. If Quilted Lovelies, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Quilted Lovelies or its operators. Every time you use the Services, you reaffirm that (i) Quilted Lovelies (or its designated vendor acting as its billing agent) is authorized to charge your designated payment method; (ii) Quilted Lovelies may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges.
7. REFUND AND EXCHANGE POLICY.
We want you to be 100% satisfied with our Services. If you are less than satisfied or feel there has been an error in billing, please contact us immediately so that we can help you resolve the issue. If you are still not satisfied you may request a refund for up to 14 days after first paying for any Service.
8. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
1. No Representations or Warranties by Quilted Lovelies. QUILTED LOVELIES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THE CONTENT OR MATERIALS MADE AVAILABLE BY QUILTED LOVELIES THROUGH THE SERVICES ("QUILTED LOVELIES CONTENT"), ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, QUILTED LOVELIES DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. Quilted Lovelies makes no representations or warranties that the Services (including the Quilted Lovelies Content) will be uninterrupted or error-free, that defects will be corrected or that the Services are free from viruses, worms or other harmful components. If your use of the Services results directly or indirectly in the need for servicing or replacing equipment or data, Quilted Lovelies is not responsible for those costs. Quilted Lovelies also makes no representations or warranties as to whether the information accessible via the Services is accurate, complete, current, reliable or truthful. Quilted Lovelies assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. No Guaranty of Results. Quilted Lovelies makes no representations or guarantees regarding the effectiveness or timeliness of the Services in meeting objectives of Users.
4. Changes to the Services. Quilted Lovelies reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without advance notice.
10. LIMITATION OF LIABILITY.
3. BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, QUILTED LOVELIES CANNOT AND DOES NOT CONFIRM EACH USER'S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF USERS OF THE SERVICES. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE QUILTED LOVELIES (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. PROPRIETARY RIGHTS.
1. Quilted Lovelies’ Intellectual Property. The Services and the Quilted Lovelies Content are the sole property of Quilted Lovelies and/or its affiliates or its licensors and is protected by U.S. copyright and international treaties. Quilted Lovelies reserves for itself and its licensors all right, title and interest in and to the Services, including all intellectual property rights therein. "Quilted Lovelies " and the Quilted Lovelies design logo are registered service or trademarks of Quilted Lovelies. All related products and service names, design marks and slogans are also the service marks or trademarks of Quilted Lovelies. In addition, the "look" and "feel" of the Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by Quilted Lovelies' trademarks, service marks and copyrights. You agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
3. Permissions to Your User Content. Subject to Quilted Lovelies’ rights in and to the Quilted Lovelies Content, each User retains ownership of his or her User Content. However, in order to make your User Content available on the Services and to provide you the Services, Quilted Lovelies needs certain rights to your User Content. As such, by submitting any User Content into the Services, including Documents, you grant to Quilted Lovelies a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation or further notice to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such User Content, and the contents of such User Content, in any media now known or hereafter developed, for Quilted Lovelies' business, marketing and promotional purposes and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the Documents you submit, such rights shall be subject to any restrictions or limitations established by you in connection with your creation or maintenance of such Document (for example, if you limit availability of your Document, Quilted Lovelies will use commercially reasonable efforts to ensure that the availability of your Document complies with the settings you selected). By way of further explanation, Quilted Lovelies would not be able to perform many of the services we offer without your granting Quilted Lovelies these rights. For example, without the right to "adapt," we would be unable to make the necessary changes to the User Content so that the User Content meets our technical criteria; without the right to reproduce, we would be unable to make copies of the User Content on our servers to post the User Content. As noted, this license is non-exclusive (so you can license your User Content to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your User Content) and sublicensable through multiple tiers (so that we can use our subcontractors to provide Services).
4. Your responsibility for User Content. For each item of User Content, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section and that such User Content and your provision thereof to and through the Services comply with all applicable laws, rules and regulations. You acknowledge that you are solely responsible for verifying any and all information contained in your User Content, including, without limitation, confirming your own data, terms or language, and that Quilted Lovelies is not responsible for correcting any information provided by you to any third party.
5. DMCA/Copyright Policy. Quilted Lovelies respects copyright law and expects its users to do the same. It is Quilted Lovelies’ policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
12. FITNESS FOR USE.
Quilted Lovelies makes no representation that materials on these Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws.
13. DISPUTE RESOLUTION.
2. Exceptions. As limited exceptions to Section 13.A(1) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
5. Injunctive and Declaratory Relief. Except as provided in Section 13.A(2) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
6. Class Action Waiver. YOU AND QUILTED LOVELIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims,and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 13.A "Dispute Resolution; Individuals" shall be null and void.
B. Legal Entities. If you are a company or other legal entity, the provisions of this Section 13.B apply to you with respect to any Disputes:
The exclusive jurisdiction for all Disputes will be the state and federal courts located in the county of Waco, Texas, and you and Quilted Lovelies each waive any objection to jurisdiction and venue in such courts.
14. GENERAL TERMS.
8. Notice. For purposes of notices about the Services to you, notice shall consist of an email from Quilted Lovelies to the email address associated with your account, regardless of any other information we may have. Quilted Lovelies also may, at its option, communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service. Quilted Lovelies shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, liability your failure to receive important information about our Services.
15. CONTACT INFORMATION.
Quilted Lovelies, P.O. Box 143, Waco TX 76703