These Terms and Conditions (“Terms”) govern the access to and use of hoffmanfabrics.shop (“Website”) and any content, functionality, products, and services offered on the Website by Hoffman® Fabrics, Batik Fabric (“Company”, “we”, “us”, “our”).
Please read the Terms carefully before using our Website. By using the Website or by clicking to accept the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms. If you do not agree with the Terms, you must not access or use our Website.
1. Website Access
1.1. The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis.
1.2. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons accessing the Website through your internet connection are aware of the Terms and comply with them.
2. Intellectual Property Rights
2.1. The Website and its content including trademarks, service marks, designs, photographs, videos, text, images, graphics, music, sounds, profiles, tutorials, software, applications, data, organization, layout, look and feel, methods of operation, functions, features (“Content”) are owned by or licensed to Company and are protected by copyright, patent, trademark and other intellectual property rights under United States and foreign laws.
2.2. You must not modify, copy, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any Content obtained from the Website. You may download, print and make copies of Content for your personal, non-commercial use only.
2.3. You must not access or use the Website or accept the Terms if you are not able to form legally binding contracts under applicable law. If you do not qualify, you must not use the Website.
3. Acceptable Use
3.1. You must only use the Website and Content for lawful purposes and comply with all applicable laws, regulations and codes of conduct in any jurisdiction while using the Website.
3.2. You must not:
- Breach the Terms or any other terms, guidelines, or policies related to the Website.
- Violate any applicable law, regulation or code of conduct.
- Infringe Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
- Act in an unlawful or unprofessional manner in connection with the Website, such as being defamatory, abusive, harassing, threatening, obscene, vulgar, hateful, racist, offensive or otherwise objectionable.
- Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
- Transmit content that may be harmful, abusive, racially or ethnically objectionable, defamatory, infringing, invasive of personal privacy or publicity rights, humiliating to other people, harmful to minors, obscene, indecent, or otherwise objectionable.
- Impersonate any person or entity or perform any other fraudulent activity including “baiting” or “phishing”.
- Attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
3.3. You are solely responsible for any content you contribute, including its legality, reliability and appropriateness. You must not post false, inaccurate, misleading, defamatory, or libelous content.
3.4. We have the right to remove any posting you make on the Website if, in our opinion, your post violates the Terms or any applicable law.
4. Accounts
4.1. You must keep your account details safe and not share your login details with any other person. You must notify us immediately if you believe that someone else has accessed your account.
4.2. You must not transfer your account or user ID and password to another party without our written permission.
4.3. One person or legal entity may not maintain more than one account at any time.
4.4. You must not try to obtain unauthorized access to any other user’s account.
5. User-Generated Content
5.1. We may provide features that allow you to contribute content, including your feedback, information, images, videos, audio recordings and other content (“User Content”). User Content specifically does not include account information.
5.2. You retain full ownership of your User Content. You grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable right and license to access, use, modify, reproduce, distribute, prepare derivative works of, display, publish and perform your User Content in connection with our products and services, website, mobile applications, promotions, and in any media formats and through any media channels now known or hereafter developed.
5.3. You warrant that you have all necessary rights in the User Content you provide, and that such User Content is accurate and complies with applicable laws. You must not knowingly provide User Content that infringes or violates someone else’s rights or otherwise violates any applicable laws.
6. Third Party Content
6.1. The Website may contain links to websites, applications, content or resources provided by third parties (“Third Party Content”). We do not endorse and are not responsible or liable for Third Party Content made available on or through the Website.
6.2. Any dealings between you and any third party featured on or linked to in connection with the Website, including payment, delivery of goods, warranties, and any other terms, conditions, warranties or representations associated with such dealings, are between you and the relevant third party. We are not responsible or liable for any loss or damage incurred as the result of any such dealings.
7. Our Content
7.1. The Website contains content we create, compile and publish (“Our Content”). Our Content is provided for general informational and entertainment purposes only. Our Content should not be construed as professional advice.
7.2. While we endeavor to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors for which we apologize. Information on the Website may be changed or updated without notice.
7.3. You must not rely on Our Content as a substitute for professional advice. It is your responsibility to verify any information before relying on it. Use of Our Content is entirely at your own risk.
7.4. To the maximum extent permitted by law, we disclaim any liability arising out of your use of or reliance on Our Content. You waive and release us from any claims arising out of or related to Our Content.
8. Use of Cookies
8.1. We use “cookies” to collect information about you and your activity across our Website. Cookies are small pieces of data sent from the Website and stored on your computer by your browser. They allow us to distinguish you from other users of the Website, which helps us provide you with a good experience.
8.2. You can disable cookies through your browser settings, but the Website may not function properly if you choose to do so.
8.3. We also use cookies from trusted third parties like Google Analytics to assist with analyzing Website traffic and usage patterns. Google provides additional privacy options regarding its Analytics cookies at http://tools.google.com/dlpage/gaoptout.
9. Disclaimers and Limitation of Liability
9.1. Use of the Website is at your own risk. The Website and Content are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind. We expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and Content including warranties of title, merchantability, data loss, fitness for a particular purpose, accuracy and non-infringement.
9.2. We make no warranties that access to the Website will be continuous, uninterrupted, timely, error-free or secure. We may suspend, restrict, or terminate access to or use of the Website for maintenance or other reasons at any time without notice or liability.
9.3. Under no circumstances shall we be liable to you or any third party for indirect, incidental, consequential, special, exemplary or punitive damages arising out of, relating to, or connected with the Website, Content or these Terms. Your sole remedy for dissatisfaction with the Website or Content is to stop using the Website.
9.4. Our maximum aggregate liability to you for any claim arising out of or relating to the Website, Content or these Terms, regardless of the cause of action, shall not exceed one hundred U.S. Dollars ($100). The limitations in this section shall apply even if the remedies fail of their essential purpose.
10. Indemnity
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
- Your use of the Website in violation of the Terms or in violation of any applicable law.
- User Content you submit, post, transmit, or otherwise make available on or through the Website.
- Your violation of any rights of any other person or entity.
- Any breach by you of the Terms.
We reserve the right to exercise sole control over the defense of any claim subject to indemnification under this Section. This indemnity is in addition to any other indemnities you provide to us under a separate written agreement.
11. Advertisements
11.1. We may display advertisements from third parties on the Website to fund our free services. We strive to only work with reputable advertisers and networks, but are not responsible for any loss, damage, or other harm resulting from any interactions with advertisers.
11.2. The manner, mode, and extent of advertising by us on the Website is subject to change without notice.
11.3. By using the Website, you agree that we may place such advertising on the Website.
12. Feedback
Any feedback, suggestions, new feature requests, recommendations, corrections or other communications (“Feedback”) provided to us in connection with the Website shall be owned by us. By submitting Feedback, you agree to assign and hereby irrevocably assign to us all right, title, and interest in the Feedback including all related intellectual property rights. We have no obligation to respond to or implement any Feedback.
13. Modifications
13.1. We reserve the right to modify or discontinue the Website at any time without notice or liability to you or any third party. We may amend the Terms from time to time and your continued use of our Website constitutes agreement to any modified Terms.
13.2. You must only access and use the Website in a manner consistent with the most up-to-date version of the Terms made available on the Website at the time of access and use.
14. Violations
14.1. Without limiting any other remedies, we may immediately take corrective action, including suspending or terminating your access and use of the Website and deleting or modifying any data, if we determine that you have breached the Terms, applicable law or pose a security threat. We are not responsible for any loss or damage caused by any action under this section.
14.2. You must promptly report violations of the Terms to us.
15. Relationship of the Parties
Nothing in the Terms creates any agency, partnership, joint venture or employment relationship between you and us. You must not represent yourself as our agent or representative or attempt to bind us to any obligations.
16. Force Majeure
We are not responsible for any failure to perform due to causes beyond our reasonable control including acts of God, natural disasters, terrorism, war, riots, embargoes, acts of civil or military authorities, electronic failures, computer viruses, hackers, service disruptions, supplier failures, etc.
17. Assignment
You may not assign or transfer the Terms or any rights or licenses granted under the Terms without our prior written consent. We may freely assign the Terms without notice or restriction. Any attempted assignment or transfer in violation of this Section is void.
18. Survival
Any provision of the Terms that necessarily must survive termination of the Terms in order to achieve its purpose shall do so, including Sections 2, 5, 9-11, and 15-20.
19. Severability
If any provision of the Terms is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
20. Contact Us
If you have any questions about the Terms, please contact us at:
Email: [email protected]
Phone: (123) 456-7890