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OUR SERVICES
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You may access the Services through the Website by completing the registration accessing the online shop.
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All data and information that you provide to us through the order form or registration process or otherwise must be complete, accurate, true, and up-to-date. You must immediately notify us of any change in your data or update the data with your online registration.
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The Customer is responsible for maintaining up-to-date, accurate information; the Provider is not obligated to verify the data. Providing false information of any kind may result in the termination or rejection of your account or order. Any data entered in the order form can be checked, corrected, and amended until the binding order of the Services.
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USING THE WEBSITE, SERVICES AND OTHER CONTENT
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The Website and all Services, data, information, multimedia elements such as texts, drawings, graphics, design, icons, patterns, blogs, rsources, images, audio and video samples, and any other content that may form the Website and the Services (collectively as the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations, and are the property of the Provider or the Provider’s licensors. You acknowledge and agree that all trademarks, trade names, design marks, or logos displayed on the Website by Provider, are common law or registered trademarks owned by or licensed to the Provider.
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Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of the Provider’s or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us or third parties. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of the Provider. You cannot modify, distribute or re-post anything on the Website for any purpose.
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The Provider grants you a limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Services or the product available for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The products are not or otherwise transferred to you and remains the property of the Provider or the Provider’s licensors.
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Provider names and logos and all related products, Services and slogans are the trademarks or service marks of the Providers. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo, or mark in any manner. All trademarks, logos, trade names, and other designations are the property of the Provider or Provider’s licensors, and the Provider does not grant you any authorization to use them.
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Except for the rights expressly set out in these Terms, the Provider does not grant you any other rights relating to the Services and other Content. You may only use the Services and other Content as set out in these Terms.
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When accessing the Services and other Content, the Customer is strictly prohibited from using any tools that may adversely affect the operation or that would be intended to take advantage of errors, bugs or other deficiencies of the Website and Services.
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The Customer is not to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Content otherwise than as permitted to use any other tools or means the use of which could cause any loss or damage to the Provider.
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In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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DISCLAIMER of warranty
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You acknowledge that the Service is provided on an “as is” with all their errors, defects, and shortcomings, and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
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The Provider is not responsible for any harm, including any indirect, incidental, special or punitive damages, including loss of data, loss of profit, personal or other non-monetary harm or property damage caused as a result of the use of the Services or reliance on any tool, information or any other content available in connection with the use of the Services or elsewhere on the Website.
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The Provider is not responsible for any products, services, application, or other third-party content that Customers uses in connection with the Services.
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The Provider reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.
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The Provider will not be responsible for any delay or failure in performance of the Website or Services arising out of any cause beyond Provider’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents / events.
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The provisions of this Disclaimer of Warranty section are not intended to deprive the Customer of the Customer’s consumer or other rights that cannot be excluded by law.
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VIOLATION OF THE Terms
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You are expressly prohibited from using the Website or Services to violate any law, statute, ordinance, regulation, Federal Sanctions or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights
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If the Customer violates any provision of these Terms in a manner that may cause harm to the Provider, including but not limited to: the Customer accessing the Services in conflict with the Terms; the Customer providing incomplete, untrue, non-accurate / updated information in conflict with the Terms; the Customer acts in a manner that may damage the Provider’s reputation; the Customer acts in conflict with or performs any of the activities referenced in this Agreement; The Provider may prevent the Customer from ordering any other services and completely or partially restrict the Customer’s access to all Services without prior notice and without any compensation.
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INDEMNITY
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You agree to indemnify, defend, and hold harmless the Provider, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Website; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
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Your obligation to defend Provider will not provide you with the ability to control Provider’s defense, and Provider reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
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DEFECTIVE PERFORMANCES
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If the Services do not align with your expectations or what was agreed upon, you can exercise your rights for defective performance. The Provider does not provide any guarantee for the quality of the services. You must notify us of the defect without undue delay. If the defect is incapable of being remedied or repaired, you can withdraw from the contract or claim a reasonable discount.
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We will try to resolve any complaint you may lodge as soon as possible, and we will confirm its receipt and settlement to you in writing. If we do not settle the complaint in time, you have the right to withdraw from the agreement. You can file a complaint by sending an e-mail to our e-mail address info@arteastquiltingco.com.
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PERSONAL INFORMATION
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Your submission of personal information through the Website is governed by our Privacy Policy.
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THIRD PARTY CONTENT & LINKS
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Certain content and services available via our Services may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do 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. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
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Please carefully review 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.
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Dispute resolution
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It is our objective that our customers are satisfied with our services; therefore, if you have any concerns, complaints, or suggestions, we will be happy to resolve them directly with you.
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Amending terms
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The Provider reserves the right to change these Terms at any time with immediate effect for new customers and new orders of the Services placed by existing Customers. The Provider will notify existing Customers of the change to the Terms via e-mail.
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CHOICE OF LAW AND JURISDICTION
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These Terms shall be governed by, construed, and enforced in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. All disputes arising under this Agreement shall be subject to the jurisdiction of the Courts of the Province of Nova Scotia, Canada, and each of the Parties hereto irrevocably acknowledges the jurisdiction of the Courts of the Province of Nova Scotia, Canada. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
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PATTERNS
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Please note that all pattern sales are final. If a physical pattern booklet arrives damaged, it will be replaced.
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All patterns are intended to be used for personal purposes only. This means you can make a quilt for yourself, a family member, or a friend. You may not use our patterns to make quilts that will be sold without the author's written consent. Beyond the copying for personal use, no pattern, in part or in full, may be copied or shared.
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PREORDERS
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Please note that all pre-orders on fabric, sew-along kits and kits are final sales. As a small business, we rely on pre-orders to determine the number of products to bring in, and this is paid for far in advance of the customer receiving their order.
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KITS
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All kits are final sale. If there is a problem with your kit, please contact us right away to rectify the issue. All other products may be returned if the product is in resealable condition. Return shipping is at the expense of the customer.
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DAMAGES
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If the product arrives damaged, it will be replaced at the seller's expense. If the product is no longer available, a refund may be issued.
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SEW-ALONGS
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Please note that if you sign-up for a sew-along, quilt-along or workshop, you are doing so under the understanding that you will receive emails from us, as this will be an important means of communication.
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The 100 Acre Wood Sew-Along event is not available to participants outside of Canada and the USA. The characters in this sew-along are still protected by copyright in other countries. We make every effort not to sell this event outside Canada and the USA and will not be responsible should you violate these terms
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FINAL PROVISIONS
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These Terms, including the Schedules, constitute the full and complete terms and conditions agreed between you and the Provider and supersede all prior agreements, understandings, negotiations, and discussions relating to the subject-matter of the Terms, whether verbal or written.
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Nothing in these Terms is intended to limit any legal claims set out elsewhere in these Terms or arising from the applicable law. If the Provider or any third party authorized thereto does not enforce the compliance with these Terms, this can in no way be construed as a waiver of any right or claim
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You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent from the Provider, which consent shall be at the Provider’s sole discretion and without obligation; any such assignment or transfer without consent shall be null and void. The Provider may assign any claim arising to the Provider from these Terms or any agreement to a third party without your consent. You agree that the Provider may, as the assignor, transfer its rights and obligations under these Terms or any agreement or parts thereof to a third party.
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If any provision of the Terms is 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Any past practice, conduct or industry standard established between the Parties, that is not referred to in the Terms, shall not be applied.
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The schedules to the Terms form essential parts of the Terms. In the event of a conflict between the wording of the main text of the Terms and any schedule thereof, the main text of the Terms shall prevail.
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The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to your duty to indemnify and defend the Provider.