User Agreement
I. SUNDARA, INC USER AGREEMENT
This web site uses technology services provided by Sundara, Inc. This Site is offered to you conditional upon your acceptance without modification of all the terms and conditions and services set forth below. Do not use the Site unless you accept all of these terms and conditions. By using this, or any other, Sundara, Inc web site, related data, and/or related services you agree to the following Sundara, Inc User Agreement (User Agreement).
This User Agreement, and all of the applicable documents referred to in these terms and conditions (collectively, the Agreement), is a legal agreement between Users and Members of Sundara, Inc (You and Your ) and Sundara, Inc, Sundarayarn.com, Sundarastitches.com, and Sundarayarnandfabrics.com, (collectively Sundara, Inc), governing use of the Sundara, Inc web site whether you just browse the Site, subscribe to its Services, purchase products, or make any other use of this Site.
By accessing or using any part of this Site You agree that You have read, understand, and agree to be bound by this Agreement and will comply with all of the terms and conditions of this Agreement. If You do not agree to be bound by this Agreement, You are not permitted to access or use any part of this Site or the services provided.
Sundara, Inc reserves the right at its
sole discretion to deny services and access to anyone at any time for any reason, and to make changes to this Agreement at any time by posting an amended Agreement on its Site. Any subsequent use of any part of the Site will be considered User's acceptance of the amended Agreement. Users should review the Agreement on the Site from time to time to become familiar with any changes. All changes are binding on You as of the date they are posted on the Site. You can review the most current version of the Agreement at www.sundarayarn.com.
II. DEFINITIONS
"Content" means any content archived, designed, created, marketed, or sold using the Site including, but not limited to, animation, composites, fonts, graphics, illustrations, photographs, websites, video, or any other visual representation, including, but not limited to, all accompanying metadata and other material (such as captions, keywords, descriptions, and pseudonyms).
"eCommerce" means the ability to sell and license Content and merchandise through the Service.
"Member" means any User of the Site including but not limited to any third party service provider who may support the Service and Site from time to time.
"Service" means all of the hosted web-based applications services that Sundara, Inc offers, and all technology, processes and materials used to provide such services.
"Site" means Sundara Inc's online website services located at URL: www.sundarayarn.com.
"User" means any person, company, organization, or entity using the Site or employing the Services provided by Sundara, Inc and its third party partners.
III. OWNERSHIP
Sundara, Inc solely and exclusively owns all intellectual property and other rights, title and interest in and to the Service and the Site. Sundara, Inc has the sole and exclusive right to obtain trademark and copyright registrations, patents, and other protections in and to the Service and the Site. You do not acquire any right, title or interest in such property, under this Agreement, by use or otherwise.
You have no right to modify, extend, or prepare derivative works of the Service. Any feedback and suggestions provided by You with respect to the Service shall be owned by Sundara, Inc . You assign all right, title, and interest You may have in such feedback and suggestions to Sundara, Inc . You have no right to sell, transfer, license, and sub-license or otherwise distribute the Service, any component of the Service, or any products or services derived or developed from or based on the Service to any third party.
A. Trademarks
The names Sundara, Inc and Sundarayarn.com, the Sundara, Inc logo, and the products and services described in this web site, including without limitation
Sundara, Inc, Sundara Yarn, Sundara Stitches, and Sundara Yarn and Fabrics are either trademarks or registered trademarks of Sundara, Inc, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Sundara, Inc. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Sundara, Inc, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Sundara, Inc. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
B. Copyright
All Web site Content and materials, including, without limitation, the Sundara, Inc's logo, design, text, graphics, photography, other files, and the selection and arrangement thereof are owned by Sundara, Inc and protected by United States copyright laws and international treaties.
If, at any time in its sole and absolute discretion, Sundara, Inc determines that You have infringed or will infringe upon any copyright, including but not limited to copyrights owned or controlled by Sundara, Inc, through use of the Site or the Service, Sundara, Inc may remove and delete You without any liability to You or any third party.
C. Software
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively Software"), that may be made available on this Web site is licensed by Sundara, Inc. Sundara, Inc shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
IV. CONDUCT AND SECURITY RULES
You acknowledge that use of the Site is a limited, terminable, nonexclusive right of access. You agree that you are responsible for your use of the Site and for any addition you make of content to the site and for content that you communicate, publish, display, post, or transmit to others. You agree to use the Site in a manner consistent with the requirements of Sundara, Inc and respect for the rights of Sundara, Inc, Users, Members, and third parties. You agree to comply with all terms, conditions, laws and treaties applicable to Users' use of the Site and Service. You may not use the Service or the Site to engage in, promote, facilitate, or encourage any illegal activities or any activities that may violate the rights of others, including without limitation the harassment of any third parties. You may not attempt to damage, disable, overburden, gain unauthorized access to, or otherwise interfere with the Service or the Site or any system, service, or network accessible through the Service or Site, including without limitation, deliberate attempts to overload a system. You may not gather or collect email addresses or other contact information of other Users through the Site or Service for the purpose of sending unsolicited emails or other unsolicited communications or use automated scripts to collect information about the Site or Service or for any other purpose.
You agree not to upload or provide for upload to the Site or Service, or otherwise display, transmit, or distribute using the Site or Service any Content that (a) infringes or misappropriates any intellectual property or other right of any third party or that You otherwise do not have sufficient right to, (b) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (c) is harmful to minors in any way, or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
V. REPRESENTATIONS AND WARRANTIES AND REQUIREMENTS FOR USE OF THIS SITE
As a condition of Your use of this site You represent and warrant to Sundara, Inc (i) that you are of legal age and capacity and have the full power and authority to enter into and perform under this Agreement to create a binding legal obligation; (ii) the execution and performance of Your obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; and (iii) that this Agreement is a legal, valid, and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions; (iv) all information submitted is true and accurate; (v) You agree to use this Site in accordance with this Agreement.
VI. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
THIS WEB SITE AND THE CONTENT AND MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN AS IS" BASIS, WITH ALL FAULTS," AND AS AVAILABLE." SUNDARA YARN DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE, OR THE USE OF EITHER (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH YOUR HARDWARE OR SOFTWARE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNDARA YARN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY , TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THORUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
Sundara Yarn may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Sundara Yarn does not monitor nor has any control over any Third Party Content or third party Web sites. Sundara Yarn does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Sundara Yarn does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Site, you should be aware that Sundara Yarn's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. You agree to be governed by such terms and policies as well as the terms of this Agreement. Users use these links and Third Party Content contained therein at their own risk. You agree not to hold Sundara Yarn liable in any way for Your use of or reliance on such third-party services, resources, or information.
IN NO EVENT SHALL SUNDARA YARN BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE.
In no event shall the total liability of Sundara Yarn or its providers from any cause whatsoever, arising from or related to the terms or use of the Site or Service or the express terms of this Agreement, exceed the amounts paid by You to Sundara Yarn, if any, for the use of the Site or Service, whichever is less, and shall not be claimed more than 12 months after the date of cause, notwithstanding any longer period that might otherwise be allowable by law. This limitation of damages and time within which to make a claim are fundamental elements of the offering of the Service by Sundara Yarn to You. This Site and the Service would not be provided by Sundara Yarn without such limitations.
Sundara Yarn reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sundara Yarn.
VII. RELEASE
You release Sundara Yarn (and its affiliates, officers, directors, agents and employees) from any and all claims, causes of action, suits, liabilities, demands, damages, losses, costs, or expenses of any nature whatsoever, known or unknown, whether direct, consequential or otherwise, known and unknown, arising out of or in any way connected with any dispute or claim You have with the Site or Service or with any other User. If User is a California resident, User waives California Civil Code §1542, which states: "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."
VIII. EXPORT RESTRICTIONS
Any software and all underlying information and technology downloaded from the Site (collectively Company Software") by you ("Licensee") is subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. The Licensee is responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, Licensee agrees and warrants not to export or re-export the Company Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. Licensee further represents and warrants that no U.S. federal agency has suspended, revoked, or denied it export privileges.
IX. COMMUNICATIONS AND NOTICE
The information communicated on this Site constitutes an electronic communication. You agree that Sundara Yarn may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Sundara Yarn provides to You electronically, including without limitation by posting on the Site or by email at the address designated by You, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Sundara Yarn. Notices and communications to Sundara Yarn must be sent by email to:
customerservice@sundarayarn.com
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Sundara Yarn, or postings on this Web site, are non-confidential and shall become the sole property of Sundara Yarn. Sundara Yarn shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Sundara Yarn, including the posting of materials to any interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
X. PRIVACY AND SECURITY STATEMENT
Sundara Yarn values your privacy. Please review our Privacy and Security Statement at _____ which describes the kinds of information we collect, how we collect it, how we use it, and how we protect it.
XI. JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Washington, of the United States of America applicable to agreements made and entirely to be performed within this jurisdiction, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state court in Seattle, Washington or in federal court in Seattle, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
XII. TERMINATION
In its sole and absolute discretion, with or without notice to You, Sundara Yarn may suspend or terminate rights under this Agreement. The Site and the Service, and the benefits of each, are offered at the discretion of Sundara Yarn. Sundara Yarn has the right to modify or discontinue, temporarily or permanently, the Site or Service, in whole or in part for any reason, with or without notice to You. You agree that Sundara Yarn will not be liable to You or any third party for any modifications or discontinuance of the Service.
The following provisions of this Agreement will remain in effect regardless of any termination of Your use of the Site or Service, or termination of this Agreement: Ownership; Disclaimers, Exclusions, and Limitations; Indemnification; Electronic Communications; Notices, Jurisdiction; Termination; and Miscellaneous.
XIII. GENERAL
Notwithstanding any of these terms and conditions, Sundara, Inc reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.
Neither this Agreement, nor any of Your rights or obligations pursuant to this Agreement or regarding use of the Site or Service, is assignable or transferable by You without the prior written consent of Sundara, Inc, which shall be in Sundara, Inc's sole discretion. Any attempted assignment without Sundara, Inc's consent is void and of no force or effect. This Agreement is binding upon each party of this Agreement and their successors and permitted assigns.
No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any other right, power, or privilege under this Agreement. This Agreement may not be modified except as expressly provided within the Agreement.
You and Sundara, Inc are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.
If any provision of this Agreement is determined to be invalid or unenforceable, that determination shall not affect copyright ownership of the Content the entirety of which shall remain the exclusive property of Sundara, Inc.
This Agreement, including all of the terms, conditions, rules, and policies referred to herein, contains the entire understanding of the parties regarding its subject matter.