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Terms of Service

Welcome to StitchYourPhoto.com (the "Site" or "StitchYourPhoto"). Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of and access to the Site as well as the provision of products and services. Certain services, promotions and features may have additional terms and conditions which are applicable to those services, promotions and features, and those additional terms and conditions are hereby incorporated by this reference.

By visiting the Site, you are signifying your assent to these Terms and our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through the Site, including any mobile applications, are also governed by these Terms. StitchYourPhoto may revise these Terms from time to time by posting a revised version on the Site. YOUR CONTINUED USE OF THE SITE AFTER STITCHYOURPHOTO POSTS ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.

  1. Navigation

  2. Use of the Site

    You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, the Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without StitchYourPhoto's prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in StitchYourPhoto's sole discretion.

  3. Your Member Account

    You may create a member account with any of our Site by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Site. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify StitchYourPhoto of any unauthorized use of your account on any of our Site.

    In order to create a member account with any of our Site, you must be at least 13 years of age. You represent to StitchYourPhoto that you are at least 13 years old. If you are not at least 13 years old, please do not set up an account on our Site.

  4. Your Use of our Site

    Subject to and conditioned upon your compliance with these Terms, StitchYourPhoto grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Submitted Materials as defined below), solely as made available by StitchYourPhoto and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site or create derivative works of any portion of the Site without the written consent of StitchYourPhoto. While using any of our Site, you agree not to:

    • Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
    • Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
    • Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
    • Violate any applicable laws or regulations;
    • Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes StitchYourPhoto or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
    • Engage in spamming;
    • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
    • Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site; and
    • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site.

    If you fail to comply with the above rules, such failure shall constitute a breach of these Terms, and, in addition to any other rights or remedies StitchYourPhoto may have, StitchYourPhoto may immediately terminate your access to and use of the Site.

  5. Making Purchases

    If you wish to purchase any products or services through our Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

    Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

    Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will charge you before we begin assembling the items ordered. We reserve the right to ship partial orders (at no additional cost to you).

  6. Return Policy

    Since all of our products are custom made to your specifications, they cannot usually be resold once created. However, we do offer a limited return policy in the event that you are not happy with your purchase. While we will make every effort to remedy the situation, in the event that a return is requested by the customer, your return may be subject to a 20% restocking fee to cover the costs of non-salable portions of your returned product (including, but not limited to printed patterns, or consumed fabric or embroidery floss). Application of this restocking fee is at the sole discretion of StitchYourPhoto. Under no circumstances will returns be granted for purchases of downloadable or mailed patterns ("Paper Patterns"). You must contact us via email at orders@stitchyourphoto.com to obtain a Return Merchandise Authorization (RMA) prior to returning your product to us. Shipping and Handling costs associated with product returns are your sole responsibility unless otherwise expressly agreed to by StitchYourPhoto. Any product returned without a proper RMA will be retained by StitchYourPhoto at our discretion without crediting any portion of the purchase price.

  7. Contests and Sweepstakes

    In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

  8. Third-Party Websites, Software and Services

    The Site may direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that StitchYourPhoto and the Site direct you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties.

    Other web sites may provide links to StitchYourPhoto with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to StitchYourPhoto, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

    YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITE AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITE AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITE AND RESOURCES.

    We shall have the right, at any time and in our sole discretion, to block links to StitchYourPhoto through technological or other means without prior notice.

  9. Materials Submitted by Customer

    Any materials submitted by you, including (without limitation) photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:

    • You will retain ownership of such User Submitted Materials, and you grant StitchYourPhoto and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the provision or production of any product or service you request. We use User Submitted Materials only in connection with products or services we provide that you request, and for no other reason. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment.

    • You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
    • You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to StitchYourPhoto a copy of any such consents, releases and/or permissions upon StitchYourPhoto's request). If you do submit a Submission that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
    • You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, suspended processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect ourselves or our affiliates, distributors, partners, licensors or other third parties, to comply with legal obligations or governmental requests.
    • You agree to indemnify and hold StitchYourPhoto and its directors, officers, employees, consultants, agents, representatives, affiliates, distributors, partners, licensees, producers, manufacturers and third party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your breach of these Terms, any other agreement or terms of use with StitchYourPhoto and any representation or warranty contained herein or therein; (ii) your User Submitted Materials; and/or (iii) your activities in connection with obtaining any products or services from StitchYourPhoto.
    • Please note that our Site may use an automated method of reporting User Submitted Materials that they believe to be inappropriate. If we do provide such a method, User Submitted Materials that are reported more than a certain number of times may be automatically removed from our Site; provided, however, that StitchYourPhoto has no obligation to remove User Submitted Materials in response to user reports or requests. StitchYourPhoto is not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from our Site. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
  10. While we aren't obligated to review User Submitted Materials for copyright infringement, StitchYourPhoto is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding StitchYourPhoto should be sent to:

    ATTN: Legal
    StitchYourPhoto.com
    7512 Dr. Phillips Blvd. Ste 50-204
    Orlando, FL 32819
    Email: info@stitchyourphoto.com

  11. Disclaimer of Warranties

    EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, THE PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STITCHYOURPHOTO, AND THEIR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF STITCHYOURPHOTO OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

  12. Limitation of Liability

    TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER STITCHYOURPHOTO NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND THEREFORE IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF STITCHYOURPHOTO ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  13. Policy for Idea Submission

    Many of our customers are interested in submitting ideas and suggestions for products and services to be used at StitchYourPhoto and/or any of our brands, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Site; however, please note that any such ideas or suggestions that you submit will be owned by StitchYourPhoto, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to StitchYourPhoto. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval.

    You can inquire regarding such approval by sending a letter to StitchYourPhoto.com, 7512 Dr. Phillips Blvd. Ste 50-204, Orlando, FL 32819, Attn: Idea Submission. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by StitchYourPhoto in order to evaluate your idea or suggestion.

  14. Notice for California Users

    This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210

  15. Intellectual Property Notices

    The Service is ©2008-2013 StitchYourPhoto.com. All rights reserved.

    All trademarks and service marks on StitchYourPhoto and any of our Site not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on StitchYourPhoto or any of our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

  16. Jurisdictional Issues

    StitchYourPhoto and its brands are controlled and operated from the United States. Our Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. StitchYourPhoto does not represent or warrant that its Site, products, and/or services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access StitchYourPhoto do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit StitchYourPhoto's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

  17. Miscellaneous

    These Terms are governed by and construed in accordance with the laws of the State of Florida, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Orange, Florida, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

    If you have any questions or comments regarding these Terms, please contact: info@stitchyourphoto.com.

  18. Termination

    Either you or StitchYourPhoto may terminate your access to the Site and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the Site will immediately cease. Upon termination, you will have no further access to any information, files or materials related to your account, including, without limitation, any User Submitted Materials. Upon termination, StitchYourPhoto may delete all information, files and materials related to your account, including any User Submitted Materials, and you agree that StitchYourPhoto shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files or materials related to your account. In addition, StitchYourPhoto shall have no obligation whatsoever to make any such information, files or materials available to you following a termination of your rights of access to your account.

This document was last updated on August 2, 2013