Use of this
web site constitutes acceptance of these rules and regulations.
This Agreement
describes the terms and conditions applicable to your use of
Products and Service at Vikant-EMB.com. We may amend this Agreement
at any time by posting the amended terms on our site, which
will become effective immediately.
1.Eligibility
Vikant Corporation
is a manufacturer of hardware (read/write devices and memory
cards) only. All software programs operating Vikant products
are manufactured by a third party developers that are not a
part of Vikant Corporation. Vikant is not responsible for any
software functions, including but not limited to computer interface,
operation under different computer operating systems, quality
of designs transferred to and from cards, number and quality
of embroidery design formats, types of re-writable and pre-programmed
design cards available from other card manufacturers. Any use
of Vikant products box should adhere to applicable license agreements
of all third parties including, but not limited to original
embroidery equipment manufacturers, manufacturers of re-writable
and pre-programmed cards, embroidery software developers and
manufacturers, embroidery design producers, etc. This product
must not be used in any way that violates ownership, copyright,
trademarks or other intellectual property rights of third parties,
such as original embroidery equipment manufacturers, manufacturers
of re-writable and pre-programmed cards, embroidery software
developers and manufacturers, embroidery design producers, etc.
Our products
and services are available only to individuals who can form
legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to minors. If
you do not qualify, please do not use our services.
2.Fees
We may change
our Prices and Fees policy and the fees for our services from
time to time. Any changes to the policy are effective immediately
after being posted on the site. We may in our sole discretion
change some or all of our products and services at any time.
In the event we introduce a new product or service, the fees
for that service are effective at the launch of the product
service. Unless otherwise stated, all fees are quoted in U.S.
Dollars. You are responsible for paying all fees associated
with using our products or service and our website and all applicable
taxes.
3.Designs
submitted for The Ultimate Service.
We are not
involved in selling, distribution, collecting, digitizing or
production of designs submitted for The Ultimate Service. As
a result, we have no control over the quality, safety or legality
of the designs sent to us. In the event that you have a dispute
with one or more suppliers of embroidery designs including,
but not limited to any embroidery equipment manufacturers, digitizing
companies, private or public collectors of embroidery designs
over any legal matters, you release Vikant-EMB.com and Vikant
Corporation (and our officers, directors, agents, subsidiaries
and employees) from claims, demands and damages (actual and
consequential) 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. If you are
a California resident, you waive California Civil Code §1542,
which says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor."
4.Ordering
Information
"Ordering
Information" is defined as any information you provide to us
in the process of ordering of any of our products or services,
design submittion process, through e-mail or other means of
communication. You are solely responsible for Ordering Information,
and we act as a passive conduit for your online distribution
and publication of Ordering Information. With respect to Ordering
Information:
4.1 Ordering
Information (or any designs submitted therein): (a) shall not
be false, inaccurate or misleading; (b) shall not be fraudulent
or involve the sale of counterfeit or stolen items; (c) shall
not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy; (d) shall not violate any law, statute, ordinance
or regulation (including without limitation those governing
export control, consumer protection, unfair competition, antidiscrimination
or false advertising); (e) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f) shall not
be obscene or contain child pornography; (g) shall not contain
any viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; (h) shall not create
liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and (i) shall not link
directly or indirectly to or include descriptions of goods or
services that are prohibited under this Agreement or you do
not have a right to link to or include. Furthermore, you may
not submit any item including but not limited to an embroidery
design to our site (or consummate any transaction that was initiated
using our service) that could cause us to violate any applicable
law, statute, ordinance or regulation.
4.2 Solely
to enable Vikant-EMB.com and Vikant Corporation to use the information
you supply us with, so that we are not violating any rights
you might have in that information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise the
copyright and publicity rights (but no other rights) you have
in Ordering Information, in any media now known or not currently
known, with respect to Ordering Information. We will only use
Ordering Information in accordance with our Privacy Policy.
5.Access
and Interference
You will
not use any robot, spider, other automatic device, or manual
process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You agree
that you will not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Vikant-EMB.com
site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not copy, reproduce, alter, modify,
create derivative works, or publicly display any content (except
for Ordering Information) from our website without the prior
expressed written permission of Vikant-EMB.com or the appropriate
third party.
6.Breach
Without
limiting other remedies, we may immediately issue a warning
and refuse to provide our services to you: (a) if you breach
this Agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information
you provide to us; or (c) if we believe that your actions may
cause legal liability for you, our users or us.
7.Warranty
The Ultimate
Card - 1 Year
512K Blank Card for Pfaff - 1 Year.
The Ultimate Box - 1 Year
The Ultimate Service - Since we only provide a service of transferring
submitted by our customers designs to The Ultimate card and
have no means of verifying the quality of them, WE AND OUR SUPPLIERS
PROVIDE THE ULTIMATE SERVICE "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other
legal rights which vary from state to state.
8.Liability
Limit
IN NO EVENT
SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH OUR SITE, OUP PRODUCTS, OUR SERVICES OR
THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR
LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER
OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR
TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states
do not allow the limitation of liability, so the foregoing limitation
may not apply to you.
9.Indemnity
You agree
to indemnify and hold us and our subsidiaries, affiliates, officers,
directors, agents, 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 this Agreement,
or your violation of any law or the rights of a third party.
10.Legal
Compliance
You shall
comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our products or service and any items
submitted by you, purchase, solicitation of offers to purchase,
and sale of items.
11.No Agency
You and
Vikant-EMB.com are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.
12.Notices
Any notices
shall be given by postal mail to Vikant Corporation Attn: Legal
Services 6577 Windham Lane, Long Grove, IL 60047 (in the case
of Vikant-EMB.com ) or to the e-mail address you provide to
Vikant-EMB.com during the ordering process (in your case). Notice
shall be deemed given 24 hours after e-mail is sent, unless
the sending party is notified that the e-mail address is invalid.
Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided
to Vikant-EMB.com during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
13.Arbitration
Any controversy
or claim arising out of or relating to this Agreement or our
services shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in the Lake County, IL, and
judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Either you or Vikant-EMB.com may
seek any interim or preliminary relief from a court of competent
jurisdiction in Lake County, IL necessary to protect the rights
or property of you or Vikant-EMB.com (Vikant Corporation) pending
the completion of arbitration.
14.General
This Agreement
shall be governed in all respects by the laws of the State of
Illinois as such laws are applied to agreements entered into
and to be performed entirely within Illinois between Illinois
residents. We do not guarantee continuous, uninterrupted or
secure access to our services, and operation of our site may
be interfered with by numerous factors outside of our control.
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope
or extent of such section. Our failure to act with respect to
a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement sets
forth the entire understanding and agreement between us with
respect to the subject matter hereof.
