Fantaisie Designs Terms and Conditions
Fantaisie Designs/Miss Daisy Designs is operated by Fantaisie Designs®. Throughout missdaisydesigns.com, the terms “we”, “us” and “our” when used, will refer to Fantaisie Designs® and where applicable MissDaisyDesigns®. Fantaisie Designs®/Miss Daisy Designs® provides this website, including all information, tools and services available from this website to you, the user/customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our website and purchasing digital patterns from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read the Terms and Conditions carefully before accessing, purchasing, or using this website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions stated herein, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
All newly added patterns, designs, features, tutorials, or tools shall also be subject to the Terms and Conditions. Fantaisie Designs®/Miss Daisy Designs® reserves the right to update, change or replace any part of these Terms and Conditions at any time. Continued use of or access to Fantaisie Designs®/Miss Daisy Designs® following the posting of any changes constitutes acceptance of those changes.
Online Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your State or Province of residence, or that you are the age of majority in your State or Province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our patterns or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
Fantaisie Designs®/Miss Daisy Designs® reserves the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmission to the PayPal payment processor (encrypted) over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, Digital Patterns, PDFs, Products, or access to the Service or any contact on the website through which the service is provided, without express written permission by Fantaisie Designs®/Miss Daisy Designs®. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Information Accuracy, Completeness, Timeliness
Fantaisie Designs®/Miss Daisy Designs® is not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
Fantaisie Designs®/Miss Daisy Designs® may contain certain historical information. Historical information, necessarily, is not current and is provided for informational and reference purposes only. Fantaisie Designs®/Miss Daisy Designs® reserves the right to modify the contents of this website at any time, but Fantaisie Designs®/Miss Daisy Designs® has no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Service/Price Modifications
Prices for Fantaisie Designs®/Miss Daisy Designs® digital patterns, PDFs, products or services are subject to change without notice.
Fantaisie Designs®/Miss Daisy Designs® reserves the right at any time to modify or discontinue Digital Patterns, PDFs, Products, or Services (or any part or content thereof) without notice at any time.
Fantaisie Designs®/Miss Daisy Designs® shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of digital patterns, PDFs, products or services.
Digital Patterns, PDFs, Products, Services
Certain digital patterns, PDFs, products or services may be offered exclusively online through Fantaisie Designs®/Miss Daisy Designs®. All Fantaisie Designs®/Miss Daisy Designs® patterns are digital products only. Due to the nature of digital PDF patterns, refunds cannot be exchanged for other patterns/sizes, or returned or refunded once the pattern is purchased. Fantaisie Designs®/Miss Daisy Designs® non-digital products or services when available, may have limited quantities and are subject to return or exchange according to our Return Policy.
Fantaisie Designs®/Miss Daisy Designs® has made every effort to display as accurately as possible the colors and images of our products that appear on Fantaisie Designs®/Miss Daisy Designs®. We cannot guarantee that your computer monitor's display of any color will be accurate.
Fantaisie Designs®/Miss Daisy Designs® reserves the right, but is not obligated, to limit the sales of our digital patterns, products or Services to any person, geographic region or jurisdiction. Fantaisie Designs®/Miss Daisy Designs® may exercise this right on a case-by-case basis. Fantaisie Designs®/Miss Daisy Designs® reserves the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Fantaisie Designs®/Miss Daisy Designs®. We reserve the right to discontinue any digital pattern, product, or service at any time.
Fantaisie Designs®/Miss Daisy Designs®does not warrant that the quality of any digital pattern, products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Digital Pattern, Product, or Service will be corrected.
Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is owned by or licensed to Fantaisie Designs, or Miss Daisy Designs. Fantaisie Designs®/Miss Daisy Designs® believes it has a “fair use” right to use, all subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Fantaisie Designs®or Miss Daisy Designs®s and protected by U.S. and international copyright laws. All software used on the Sites is the property of Fantaisie Designs®/Miss Daisy Designs® or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of using the Interactive Services or using the Sites as a resource. Any other use of materials on the Sites including, without limitation, reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, broadcast, display, sale, license, performance, exploitation, or any other purposes whatsoever, without the prior written permission of Fantaisie Designs, or Miss Daisy Designs, is strictly prohibited. Fantaisie Designs, Miss Daisy Designs reserves all rights not expressly granted in and to the Sites and Sites’ materials and content. If you download or print a copy of the Fantaisie Designs®/Miss Daisy Designs® materials or content for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any materials or content or enforce limitations on use of the Sites or the materials or content herein.
Trademarks
Fantaisie Designs, or Miss Daisy Designs, does not grant you any right or license to use, copy or modify any of its trademarks. All trademarks and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade Fantaisie Designs, or Miss Daisy Designs, may not be used in connection with any product, pattern or service that is not offered by Fantaisie Designs, or Miss Daisy Designs, in any manner that is likely to cause confusion among users or consumers, or in any manner that disparages or discredits Fantaisie Designs, or Miss Daisy Designs. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Digital Pattern, Product Information
The digital patterns or products displayed on Fantaisie Designs®/Miss Daisy Designs® may not be for sale, and may not be available for order or delivery in all territories. Patterns or products displayed on the Sites may be available in select online stores (i.e., Etsy.com) in the U.S, in foreign markets, or not at all. All prices displayed on the Fantaisie Designs®/Miss Daisy Designs® are for information only and subject to change at any time. If any minor uses any digital patterns, PDFs, or products displayed on the Site, it should be only after their legal or parental guardian has discussed the product with the minor’s doctor. Reference to any patterns, products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fantaisie Designs or Miss Daisy Designs..
All materials and information presented on the Fantaisie Designs®/Miss Daisy Designs® is intended to be used for personal, educational or informational purposes only. The digital patterns, PDFs, products on the Fantaisie Designs®/Miss Daisy Designs® are for your personal use only. You may not sell or resell any patterns/products you purchase or otherwise receive from or through Fantaisie Designs, or Miss Daisy Designs. Fantaisie Designs/Miss Daisy Designs reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Fantaisie Designs, or Miss Daisy Designs in its sole discretion.
Color Information
While Fantaisie Designs, or Miss Daisy Designs, has tried to accurately display the colors of digital patterns photos, products, etc., the actual colors you may see will depend on your monitor, display device or screen and may not be accurate.
Site Access
Fantaisie Designs® or Miss Daisy Designs® hereby grants you permission to use our Site as set forth in these Terms of Use, provided that:
you are 13 years of age or older;
your use of t Fantaisie Designs®/Miss Daisy Designs® as permitted is solely for your personal use and/or the use of your company or other legal entity;
you will not copy, disclose or distribute any part of Fantaisie Designs®/Miss Daisy Designs® or the Content (as defined below) or materials contained herein to any third-party and/or in any medium without our prior written authorization;
you will not alter or modify any part of the Sites other than as may be reasonably necessary to use Fantaisie Designs®/Miss Daisy Designs® for its intended purpose;
you will otherwise comply with the terms and conditions of these Terms of Use;
you comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
you review and comply with these Terms of Use and our Privacy Policy;
you do not take any action or upload, post, email, transmit or otherwise make available or initiate any Content that:
falsely states, impersonates or otherwise misrepresents your identity;
is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
infringes upon any intellectual property or other proprietary rights;
includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
contains software viruses, worms, or any other computer code, files or programs that harm, interrupt, delay, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Fantaisie Designs, or Miss Daisy Designs or any user of Fantaisie Designs, or Miss Daisy Designs;
reverse engineers, decompiles, disassembles, deciphers or otherwise attempts to derive the source code for any underlying intellectual property used to provide the Interactive Services, or any part thereof;
utilizes or copies information, content or any data you view on and/or obtain from the Sites to provide any service that is competitive with our Sites, in Fantaisie Designs, or Miss Daisy Designs’s sole discretion;
falsely implies or states, directly or indirectly, that you are affiliated with or endorsed by Fantaisie Designs, or Miss Daisy Designs unless you have entered into a separate written agreement with Fantaisie Designs, or Miss Daisy Designs;
rents, leases, loans, trades, sells/re-sells access to Fantaisie Designs® or Miss Daisy Designs® or any Content therein, or the equivalent, in whole or part, unless you have entered into a separate written agreement with Fantaisie Designs, or Miss Daisy Designs;
sells, sponsors, or otherwise monetizes the Sites, the Interactive Services, or any other service or functionality of Fantaisie Designs, or Miss Daisy Designs, unless you have entered into a separate written agreement with Fantaisie Designs, or Miss Daisy Designs;
deep-links to the Sites for any purpose, (i.e. including a link to a Fantaisie Designs, or Miss Daisy Designs web page other than Fantaisie Designs, or Miss Daisy Designs home page) unless you have entered into a separate written agreement with Fantaisie Designs, or Miss Daisy Designs;
removes any copyright, trademark or other proprietary rights notices contained in or on the Sites, including those of Fantaisie Designs, or Miss Daisy Designs and/or any of its users, advertisers, suppliers, clients and/or counterparties;
removes, covers or otherwise obscures any form of advertisement included on the Sites;
collects, uses, copies, or transfers any information, including, but not limited to, personally identifiable information obtained from Fantaisie Designs® or Miss Daisy Designs® except as expressly permitted in these Terms of Use or, as the owner of such information may expressly permit, unless you have entered into a separate written agreement with Fantaisie Designs, or Miss Daisy Designs;
infringes or uses Fantaisie Designs, or Miss Daisy Designs’s brand, logos and/or trademarks in any business name, email, or URL or including such trademarks and/or logos except as expressly permitted by FFantaisie Designs® or Miss Daisy Designs®;
uses manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in Fantaisie Designs® or Miss Daisy Designs®;
uses bots or other automated methods to access Fantaisie Designs® or Miss Daisy Designs® add or download Content, send or redirect messages, or perform other activities through the Sites, unless explicitly permitted by Fantaisie Designs, or Miss Daisy Designs;
accesses, via automated or manual means or processes, the Sites for purposes of monitoring their availability, performance or functionality for any competitive purpose;
engages in “framing,” “mirroring,” or otherwise simulating the appearance or function of Fantaisie Designs® or Miss Daisy Designs®;
attempt to or actually override any security component included in or underlying Fantaisie Designs® or Miss Daisy Designs®;
engages in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Fantaisie Designs® or Miss Daisy Designs®’ infrastructure, including, but not limited to, sending unsolicited communications to other users or Fantaisie Designs, or Miss Daisy Designs personnel, attempting to gain unauthorized access to the Sites, or transmitting or activating computer viruses on or through Fantaisie Designs® or Miss Daisy Designs® and/or Interactive Services; or
interferes with or disrupts or games the Sites and/or the Interactive Services, including, but not limited to, any servers or networks connected to Fantaisie Designs® or Miss Daisy Designs®.
In order to access some features of Fantaisie Designs® or Miss Daisy Designs®, (download patterns), you may have to create an account. You may never use another’s account without permission, or allow anyone else to use your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep any account passwords secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to us for the losses of Fantaisie Designs® or Miss Daisy Designs® or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Sites in a manner that sends more request messages to the Fantaisie Designs, or Miss Daisy Designs servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Fantaisie Designs, or Miss Daisy Designs grants the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the Sites’ materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from tFantaisie Designs® or Miss Daisy Designs®, nor to use the communication systems provided by Fantaisie Designs® or Miss Daisy Designs® for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of Fantaisie Designs® or Miss Daisy Designs®.
Billing and Account Information Accuracy
Fantaisie Designs®/Miss Daisy Designs® reserves the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Fantaisie Designs®/Miss Daisy Designs® reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Fantaisie Designs®/Miss Daisy Designs®.
Optional Tools, Links, References
Fantaisie Designs®/Miss Daisy Designs® may provide you with access to third-party tools, links, references for products, services, items over which we neither monitor nor have any control nor input.
You acknowledge and agree that Fantaisie Designs®/Miss Daisy Designs® provides access to such tools, links, references, recommendations, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Fantaisie Designs®/Miss Daisy Designs® shall have no liability whatsoever arising from or relating to your use of optional third-party tools, links, references. Any use by you of optional tools offered through the website, patterns, PDFs, tutorials, instructions, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s)
Fantaisie Designs®/Miss Daisy Designs® may also, in the future, offer new services or features through the website (including, the release of new tools, fabrics, item and resources). Such new services or features shall also be subject to the Terms and Conditions stated herein.
Third-Party Links
Certain content, products and services available and used in Fantaisie Designs®/Miss Daisy Designs® patterns, PDFs, tutorials may include source materials used in pattern design/creation from third-parties.
Third-party links listed on the patterns, descriptions, and website may direct you to third-party websites that are not affiliated with Fantaisie Designs®/Miss Daisy Designs® and are provided, when applicable, for your reference only. Fantaisie Designs®/Miss Daisy Designs® is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Fantaisie Designs®/Miss Daisy Designs® are not liable for any harm or damages related to the purchase or use of such goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to Fantaisie Designs®/Miss Daisy Designs®.
Third-Party Content and Third-Party Sites
Fantaisie Designs/Miss Daisy Designs, will provide content of third parties (“Third-Party Content”) and links to Third-Party Sites as a service to its users. Fantaisie Designs, or Miss Daisy Designs does not monitor, approve or have any control over any Third-Party Content or the Third-Party Sites and the inclusion of links to Third-Party Content or Third-Party Sites does not imply any association or relationship between Fantaisie Designs® or Miss Daisy Designs® and such third party. Fantaisie Designs/Miss Daisy Designs does not guarantee, endorse or adopt the accuracy or completeness of any Third-Party Content or any Third-Party Site. Fantaisie Designs, or Miss Daisy Designs is not responsible for updating or reviewing Third-Party Content or Third-Party Sites. You use Third-Party Content and Third-Party Sites at your own risk. Third-Party Content, including comments from third-party users submitted to Fantaisie Designs, or Miss Daisy Designs through the Interactive Services, do not necessarily reflect the views of Fantaisie Designs, or Miss Daisy Designs.
Mobile Services
If you access Fantaisie Designs® or Miss Daisy Designs® via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
Comments, Feedback, Other Submissions
If, at the request of Fantaisie Designs®/Miss Daisy Designs®, you send certain specific submissions (for example Photos of items created from using our Digital Patterns) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Fantaisie Designs®/Miss Daisy Designs® is and shall be under no obligation
to maintain any comments in confidence;
to pay compensation for any comments or submissions; or
to respond to any comments.
Fantaisie Designs®/Miss Daisy Designs® may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions..
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Fantaisie Designs®/Miss Daisy Designs® website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Fantaisie Designs®/Miss Daisy Designs® is not responsible and assumes no liability for any comments posted by you or any third-party.
Personal Informaton
Your submission of personal information, when applicable, through Fantaisie Designs®/Miss Daisy Designs® website is governed by our Privacy Policy.
Errors, Inaccuracies, Omissions
Occasionally there may be information on the Fantaisie Designs®/Miss Daisy Designs® website or in the patterns, PDFs, products, or services, that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Fantaisie Designs®/Miss Daisy Designs® reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Digital Pattern, PDF, website, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Fantaisie Designs®/Miss Daisy Designs® undertakes no obligation to update, amend or clarify information in the Digital Pattern, PDF, website, or on any related website, including without limitation, pricing information, except as required by law.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Fantaisie Designs®/Miss Daisy Designs® website or its content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the pattern, service or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Pattern, PDF, Service, Website or any related website, other websites, or the Internet.
Fantaisie Designs®/Miss Daisy Designs® reserves the right to terminate your use of Digital Pattern, PDF, Service, Website or any related website for violating any of the prohibited uses.
Disclaimer of Warranties, Liability Limitations
Fantaisie Designs®/Miss Daisy Designs® does not guarantee, represent or warrant that your use of Fantaisie Designs®/Miss Daisy Designs® Digital Patterns, PDFs, products, or services will be uninterrupted, timely, secure or error-free.
Fantaisie Designs®/Miss Daisy Designs® does not warrant that the results that may be obtained from the use of the Patterns, PDFs, products, or services will be accurate or reliable.
You agree that from time-to-time we may remove Digital Patterns, PDFs, Products, or services for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the DigitalPatterns, PDFs, products, or services is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by Fantaisie Designs®/Miss Daisy Designs®) are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Fantaisie Designs®/Miss Daisy Designs®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall at no time be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Patterns, PDFs, Products, Website, service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result, the contents o this section may not apply to you.
Fantaisie Designs and Miss Daisy Designs are providing the sites, their contents and the interactive services on an “as-is, where-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the sites, their contents and any interactive services, the information, content, materials, patterns, PDFs or products, included on the sites or as part of the interactive services. To the fullest extent permitted by law, Fantaisie Designs and Miss Daisy Designs disclaims all such representations and warranties, including for example, warranties of merchantability and/or fitness or a particular purpose. In addition, Fantaisie Designs and Miss Daisy Designs does not represent or warrant that the information accessible via the sites or the interactive services is accurate, complete, or current. Information including, without limitation, price and availability, is subject to change at any time without prior notice.
Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents o this section may not apply to you.
Fantaisie Designs and Miss Daisy Designs will not be liable for any damages of any kind arising out of or in connection with the use o the sites or the interactive services. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, special, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Indemnification
You agree to indemnify, defend and hold harmless Fantaisie Designs®/Miss Daisy Designs®and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You agree to defend, indemnify and hold harmless Fantaisie Designs and Miss Daisy Designs l (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees and expenses, arising out of:
your use of and access to the Sites and the Interactive Services;
your violation of any term of these Terms of Use;
a breach of your representations and warranties set forth above regarding Content;
your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or any claim that any Content you submitted caused damage to a third party.
This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and any Interactive Services.
Severability
In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or Fantaisie Designs®/Miss Daisy Designs®. You may terminate these Terms and Conditions at any time by notifying Fantaisie Designs®/Miss Daisy Designs® that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Fantaisie Designs®/Miss Daisy Designs® Patterns, PDFs, Products, Website, Services (or any part thereof).
Agreement
The failure of Fantaisie Designs®/Miss Daisy Designs® to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by Fantaisie Designs®/Miss Daisy Designs® on this site or in respect to the Patterns, PDFs, Products, or Services constitutes the entire agreement and understanding between you and Fantaisie Designs®/Miss Daisy Designs® and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Fantaisie Designs®/Miss Daisy Designs® (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
Fantaisie Designs®/Miss Daisy Designs® reserves the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check the Fantaisie Designs®/Miss Daisy Designs® website periodically for changes. Your continued use of or access to our website or the Patterns, PDFs, Products, Website, or Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Ability to Accept Terms of Use
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Sites are strictly not intended for children under 13. If you are under 13 years of age, then please do not use the Sites. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fantaisie Designs, or Miss Daisy Designs without restriction including, without limitation in the event of a change of control of Fantaisie Designs, or Miss Daisy Designs by merger, acquisition, sale, or operation of law.
General
The Sites and Interactive Services are created and controlled by Fantaisie Designs/Miss Daisy Designs in the State of Oregon, U.S.A. As such, the internal substantive laws of the State of Oregon will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Any claim or dispute arising under or related to the Sites, the Interactive Services and/or the subject matter of these Terms of Use (including, without limitation, any controversy or claim relating to the interpretation, applicability, enforceability or formation of these Terms of Use and/or the enforceability of this arbitration provision) shall be resolved by binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall be a former or retired judge. The award or decision rendered by the arbitrator (including liability for the legal costs and expenses of the party that substantially prevails in the dispute as set forth below) shall be final, binding, and conclusive and any court of competent jurisdiction may enter judgment upon such record. The award of the arbitrator shall include the payment of all costs and expenses including, without limitation, attorney fees, arbitration fees and all other legal fees, costs and expenses relating to the dispute, incurred by the party that the arbitrator determines substantially prevailed in the dispute, subject to the arbitrator’s sole determination. All proceedings connected with the arbitration, including hearings, shall be held in the State of Oregon.. This section does not preclude a party from seeking equitable relief from a court of competent jurisdiction.
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
These Terms of Use, together with the Privacy Policy and any other legal notices published by Fantaisie Designs and Miss Daisy Designs on the Sites or elsewhere, shall constitute the entire agreement between you and Fantaisie Designs/Miss Daisy Designs concerning the Sites. If any provision of these Terms of Use is deemed invalid or unenforceable, the remaining provisions of these Terms of Use shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Fantaisie Designs/Miss Daisy Designs failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Fantaisie Designs, and Miss Daisy Designs reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Sites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND Fantaisie Designs/Miss Daisy Designs AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contact Information
Questions about the Terms of Service should be sent to patterns@fantaisiedesigns.com
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