This Agreement between you and SVP Worldwide (“SVP”) governs your use of the mySewnet™ content cloud/library, subscriptions, software, services, websites and mobile applications (collectively referred to as the “Service”), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. SVP MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SERVICE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
I. REQUIREMENTS FOR USE OF THE SERVICE
To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accessing the Service, you represent that you understand and agree to the foregoing.
Age. The Service is only available to individuals aged 13 years or older, unless you are under 13 years old and your mySewnet™ Account (“Account”) was provided to you as a result of a request by your parent or guardian. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent.
Products and Accounts. Use of the Service requires compatible products, internet access, and certain software, which will require periodic updates. SVP reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.
Limitations on Use. You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. User Content shall only be data directly related to sewing, embroidery and crafting. If your use of the Service or other behavior intentionally or unintentionally threatens SVP’s ability to provide the Service or other systems, SVP shall be entitled to take all reasonable steps to protect the Service and SVP’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account.
Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and SVP makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.
Changing the Service. SVP reserves the right at any time to modify this Agreement, to impose new or additional terms or conditions on your use of the Service, or to amend, terminate or discontinue the Service at any time and in its so discretion without notice to you. Such modifications and additional terms and conditions will be communicated to you and, if accepted by your continued accessing of the Service, will be effective immediately and will be incorporated into this Agreement. In the event that you refuse to accept such changes, SVP will have the right to terminate this Agreement and your Account. You agree that SVP shall not be liable to you or any third party for any modification or cessation of the Service. We may update the Library Content on the Service from time to time, but SVP makes no guarantee that the Library Content is complete or up to date. You agree and understand that any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
II. FEATURES AND SERVICES
mySewnet™ Enabled Devices. When you sign in with your Account on an enabled machine, all embroideries, stitches and designs that you save will be automatically synchronized with mySewnet™ and any other machine, computer or device on which you are signed in. All changes (including adding, modifying, renaming, and deleting files and folders) on any one machine, computer or device will automatically be sent to and reflected in your Account, as well as all other machines, computers or devices on which you are signed into your Account. Please note that the availability of Library and/or User Content on your machine or computer may vary depending upon the amount of available storage. If you do not wish to use mySewnet™ on a particular machine, computer, or device, you can sign out of your Account which will remove all Library and User Content from that machine, computer, or device.
mySewnet™ Designs. You may choose to purchase an individual design from the Library Content as part of the Services either owned solely or licensed by SVP and to which SVP has the right to resell or sublicense to you the user. The Library Content for purchase may only be available in certain countries and locations and may only work with certain SVP machine models.
mySewnet™ Subscriptions. You may choose to subscribe to the mySewnet™ Subscription services (“Subscription”) to gain access to unlimited use of the Library Content and/or additional mySewnet™ features either owned solely or licensed by SVP and to which SVP has the right to resell or sublicense to you the user. The Subscription may only be available in certain countries and locations and may only work with certain SVP machine models. SVP may offer different Subscription plans, including special promotional plans. Some Subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Subscription by visiting mySewnet™ and clicking on the "Account" link. If you choose an automatically renewing plan, your Subscription will continue and automatically renew until terminated. You must cancel your Subscription before it renews in order to avoid billing of the Subscription fees for the next billing cycle to your payment method on file (see "Cancellation" below).
Free Trials. Free trial eligibility is determined by SVP at its sole discretion, and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Subscription to determine eligibility. For combinations with other offers, restrictions may apply.
You will be charged the Subscription fee for your next billing cycle to your payment method on file at the end of the free trial period and your paid Subscription will automatically begin unless you cancel your Subscription prior to the end of the free trial period. To view the applicable Subscription price and end date of your free trial period, visit mySewnet™ and click the "Billing details" link on your "Account" page.
Use of Vicinity Services. SVP and its partners and dealers may provide certain events or Services that rely upon location. To provide such features or Services, where available, SVP and its partners and dealers must collect, use, transmit, process and maintain data, including but not limited to your geographic location and information related to your Account and any products registered thereunder.
You may withdraw consent to SVP and its partners/dealers for the collection, use, transmission, processing and maintenance of location and Account data at any time. SVP shall use reasonable skill and due care in providing the Service, but neither SVP nor any of its providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data provided by the Service.
Beta Features. From time to time, SVP Worldwide may choose to offer new and/or updated features of the Services for the purpose of providing SVP with feedback on the quality and usability of the new features. You understand and agree that your participation in the program is voluntary and does not create a legal partnership, agency, or employment relationship between you and SVP, and that SVP is not obligated to provide you with any Beta features. SVP may make such Beta features available to program participants by online registration or enrollment via the Service. You understand and agree that SVP may collect and use information from your Account, devices and peripherals in order to enroll you in a program and/or determine your eligibility to participate. You understand that once you enroll in a program you may be unable to revert back to the earlier non-beta version of a given Beta feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta feature back to the earlier non-beta version. Your use of the Beta features and participation in the program is governed by this Agreement and any additional license terms that may separately accompany the Beta features. The Beta features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. SVP strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any program. You expressly acknowledge and agree that all use of the Beta features is at your sole risk. You assume all risks and all costs associated with your participation in any program, including, without limitation, any internet access fees, backup expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. SVP may or may not provide you with technical and/or other support for the Beta features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the program. You agree to abide by any support rules or policies that SVP provides to you in order to receive any such support. SVP reserves the right to modify the terms, conditions or policies of the program (including ceasing the program) at any time with or without notice and may revoke your participation in the program at any time. You acknowledge that SVP has no obligation to provide a commercial version of the Beta features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta features. As part of the program, SVP will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta features. You agree that in the absence of a separate written Agreement to the contrary, SVP will be free to use any feedback you provide for any purpose throughout the world.
mySewnet™ Web-Only Account. If you sign up for the Service with a web-only Account on non-SVP products, you will have access to only a limited set of Service functionality. As a condition to accessing the Service with a web-only Account, you agree to all relevant terms and conditions found in this Agreement, including, without limitation, all requirements for use of the Service, limitations on use, availability, public beta, disclaimers of warranties, rules regarding your User Content and conduct, and termination. Terms found in this Agreement relating to features not available for web-only users will not be applicable to you. You further agree that if you subsequently access your web-only Account from an SVP device, SVP may automatically upgrade your web-only Account to a full Account and provide all available functionality of the Service to you. If you choose to access your web-only Account from an SVP device and you are subsequently upgraded to full functionality of the Service, you agree that all of the terms and conditions contained herein apply to your use of the Service. If you do not want to have a full Account, do not log in to your web-only Account from an SVP device.
III. YOUR USE OF THE SERVICE
Your Account. As a registered user of the Service, you must establish an Account. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify SVP of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis, and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, SVP shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules. In order to use the Service, you must enter your mySewnet™ username and password (“ID”) to authenticate your Account. You agree to provide accurate and complete information when you register with the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that SVP may store and use the Service Registration Data you provide for use in maintaining your Account.
No Conveyance. Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an ID, email address, domain name, or similar resource used by you in connection with the Service.
No Right of Survivorship. You agree that your Account is non-transferable and that any rights to your ID or User Content within your Account terminate upon your closure or non-use of the Account. Upon request, or extended non-use, your Account may be terminated, and all User Content within your Account deleted.
IV. CONTENT AND YOUR CONDUCT
User Content. "User Content,” together with the definition above, means any information that may be generated or encountered through use of the Service or submitted by you to SVP, by all means and, in any media, now known or hereafter developed, such as data files, device characteristics, projects, written text, software, graphics, embroideries, images, stitches, messages and any other like materials. You understand that all User Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such User Content originated. This means that you, and not SVP, are solely responsible for any User Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter User Content that you may find offensive, indecent, or objectionable, and that you may expose others to User Content that they may find objectionable. SVP does not control the User Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such User Content. You understand and agree that your use of the Service and any User Content is solely at your own risk. Notwithstanding the foregoing, the Service may also provide you access to Library Content. “Library Content,” together with the definition above, means any stitch files, embroidery design files or project files made available by SVP through its ownership or licensed right in such design files which SVP then makes available to you as part of the Services and applicable terms. SVP represents and warrants that it has the right to either sell or sublicense such design files to you.
Your Conduct. You agree that you will not use the Service to: upload, download, post, email, transmit, store or otherwise make available any User Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; stalk, harass, threaten or harm another; if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor);
pretend to be anyone, or any entity, you are not - you may not impersonate or misrepresent
yourself as another person (including celebrities), entity, another mySewnet™ user, an SVP employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (SVP reserves the right to reject or block any ID or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity); engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure Agreement; post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; forge any TCP-IP packet header or any part of the header information in an email or a posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any User Content transmitted through the Service (“spoofing"); upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Removal of User Content. You acknowledge that SVP is not responsible or liable in any way for any User Content provided by others and has no duty to pre-screen such Content. However, SVP reserves the right at all times to determine whether User Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove User Content at any time, without prior notice and at its sole discretion, if such User Content is found to be in violation of this Agreement or otherwise objectionable.
Storage of Content. You are responsible for backing up, to your own computer or other device, any important documents, images, Library Content, or other User Content that you store or access via the Service. SVP shall use reasonable skill and due care in providing the Service; however, SVP does not guarantee or warrant that any Library Content or User Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
Access to Account and User Content. SVP reserves the right to take steps SVP believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that SVP may, without liability to you, access, use, preserve and/or disclose your Account information and User Content to law enforcement authorities, government officials, and/or a third party, as SVP believes is reasonably necessary or appropriate, if legally required to do so or if SVP has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
· comply with legal process or request;
· enforce this Agreement, including investigation of any potential violation thereof;
· detect, prevent or otherwise address security, fraud or technical issues; or
· protect the rights, property or safety of SVP, its users, a third party, or the public as required or permitted by law.
Violations of this Agreement. If while using the Service, you encounter User Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to SVP at email@example.com.
License from You. Except for material we may license or sell to you via mySewnet™, SVP does not claim ownership of the materials and/or User Content you submit or make available on the Service. However, by submitting or posting such User Content on areas of the Service that are accessible by the public or other users with whom you consent to share such User Content, you grant SVP a worldwide, royalty-free, non-exclusive, perpetual license to use, distribute, reproduce, modify, adapt, publish, translate, sublicense, creative derivative works from, publicly perform and publicly display such User Content on the Service solely for the purpose for which such User Content was submitted or made available, without any compensation or obligation to you. You agree that any User Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such User Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it. You also grant to SVP the right to use your name in connection with the User Content as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against SVP for any alleged or actual infringement or misappropriation of any proprietary right in your User Content.
Changes to User Content. You understand that in order to provide the Service and make your User Content available thereon, SVP may transmit your User Content across various public networks, in various media, and modify or change your User Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits SVP to take any such actions.
Digital Millennium Copyright Act ("DMCA") Notice. If you believe any material available via the Service infringes a copyright you own or control, you may file a notification of such infringement by contacting SVP at SVP Worldwide, 1714 Heil Quaker Blvd, Suite 130, La Vergne, TN 37086 or 1-800-474-6437.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against material posted by you on the Service, you may make a counter-notification through the contact info listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If SVP receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, SVP has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. SVP may also, in its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
V. SVP INTELLECTUAL PORPERTY
SVP’s Proprietary Rights. You acknowledge and agree that SVP and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to Library Content, graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced, copied, duplicated, sold, resold, or traded for any purpose in any form or by any means, except as expressly permitted in these terms.
Trademark Information. SVP Worldwide, the SVP Worldwide logo, SINGER®, VIKING®, PFAFF®, mySewnet™, the mySewnet™ logo and other SVP trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks owned or licensed by SVP and affiliated companies. Other trademarks, service marks, graphics, and logos used in connection with the Service are the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
License from SVP. If you purchase a subscription or single design from the Service, you are allowed to duplicate, copy and reproduce the designs for personal use only. Personal use refers to using the designs within your home and for your personal purposes only (including gifts). This does not include using the designs on products that will later be sold or used for business purposes. The use of the software or any part of the Service, except for use of the Service as permitted in this Agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Updates. From time to time, SVP may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.
Termination by You. You may terminate your Account and/or stop using the Service at any time. To terminate your Account, click the “delete Account” link situated in the “my profile” tab, or contact an SVP affiliated Customer Service in your country.
Termination by SVP Worldwide. SVP may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include:
· violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service;
· a request by you to cancel or terminate your Account;
· a request and/or order from law enforcement, a judicial body, or other government agency;
· where provision of the Service to you is or may become unlawful;
· unexpected technical or security issues or problems;
· your participation in fraudulent or illegal activities; or
· failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by SVP in its sole discretion and SVP will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service.
In addition, SVP may terminate your Account upon prior notice via email to the address associated with your Account if your Account has been inactive for one (1) year or more; or there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by SVP in its sole discretion, and SVP will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service.
Effects of Termination. Upon termination of your Account, you will lose all access to the Service and any portions thereof, including, but not limited to, your Account, ID, Library Content, and User Content. In addition, after a period of time, SVP will delete information and data stored in or as a part of your Account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those agreements.
VII. LINKS AND OTHER THIRD PARTY MATERIALS
Certain User Content, Library Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or content. Because SVP may have no control over such third party sites and/or materials, you acknowledge and agree that SVP is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any User Content, Library Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that SVP shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such User Content, Library Content, advertising, products or materials on or available from such sites or resources.
VIII. DISCLAIMER OF WARRANTIES
Some jurisdictions do not allow the exclusion of certain warranties, as such, to the extent such exclusions are specifically prohibited by applicable law, some of the exclusions set forth below may not apply to you.
SVP shall use reasonable skill and due care in providing the Service. The following disclaimers are subject to this express warranty.
SVP does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, or that defects in the service will be corrected, and you agree that from time to time SVP may remove the Service for indefinite periods of time, or cancel the Service in accordance with the terms of this Agreement.
You expressly understand and agree that the Service is provided on an "as is" and "as available" basis. SVP and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind in the Service, User Content and Library Content, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, SVP and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that:
· the Service will meet your requirements;
· your use of the Service will be timely, uninterrupted, secure or error-free;
· any information obtained by you as a result of the Service will be accurate or reliable; or
· any defects or errors in the software provided to you as part of the Service will be corrected.
SVP does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and SVP disclaims any liability relating thereto. You assume total responsibility and risk for your use of the Service.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material. You further acknowledge that the Service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the User Content, Library Content, data or information provided by the Service could lead to death, personal injury, or severe physical or environmental damage. SVP makes no representations whatsoever about any other Service which you may access through this one or which may link to the Service.
IX. LIMITATION OF LIABILITY
Some jurisdictions do not allow the exclusion or limitation of liability by Service providers. To the extent such exclusions or limitations are specifically prohibited by applicable law, some of the exclusions or limitations set forth below may not apply to you.
SVP shall use reasonable skill and due care in providing the Service. The following limitations do not apply in respect of loss resulting from:
· SVP's failure to use reasonable skill and due care;
· SVP's gross negligence, willful misconduct or fraud; or
· death or personal injury.
You expressly understand and agree that SVP and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or Services, or other intangible losses (even if SVP has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Service (ii) any changes made to the Service or any temporary or permanent cessation of the Service or any part thereof; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the Service; (v) statements or conduct of any third party on the Service; and (vi) any other matter relating to the Service.
You agree to defend, indemnify and hold SVP, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from:
· any User Content you submit, post, transmit, or otherwise make available through the Service;
· your use of the Service;
· any violation by you of this Agreement;
· any action taken by SVP as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or
· your violation of any rights of another.
This means that you cannot sue SVP, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or User Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of SVP’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless SVP Worldwide from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.
Notices. SVP may provide you with notices regarding the Service, including changes to this Agreement, by email to your Account email address (and/or other alternate email address associated with your Account if provided), by regular mail, or by postings on our website and/or the Service.
Governing Law. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and SVP shall be governed by the laws of the State of New York, excluding its conflicts of law provisions. You and SVP agree to submit to the personal and exclusive jurisdiction of the courts located within New York, New York to resolve any dispute or claim arising from this Agreement.
Entire Agreement. This Agreement constitutes the entire Agreement between you and SVP, governs your use of the Service, and completely replaces any prior Agreements between you and SVP in relation to the Service. You may also be subject to additional agreements, terms and conditions that may apply when you use affiliate Services, Subscription services, Library Content, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of SVP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
"SVP Worldwide" or “SVP” as used herein means: SVP Sewing Brands LLC, located at 1714 Heil Quaker Blvd. LaVergne. TN 37086 USA and its affiliated companies.