Pepita Needlepoint Terms of Service
Welcome to the pepitaneedlepoint.com Web site.
The web site is owned and operated by Pepita Creations LLC.
The services and products on this website are provided subject
to the following terms and conditions. Please read and review them carefully.
If you visit pepitaneedlepoint.com,
you acknowledge that you have read, understood and agreed to the
Pepita Creations LLC respects the privacy of its Web site users.
by which you also agree to be bound as a condition of visiting this website.
You consent to receive communications from us by e-mail.
You agree that all agreements, notices, disclosures and other communications
that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
USE OF MESSAGE SERVICES
You agree not to use this site to submit, transmit, or otherwise make available in any manner,
including, but not limited to, sending a message in conjunction with an order,
any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive,
defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable,
(ii) that infringes the intellectual property rights of any party or
(iii) which contains a chain letter or constitutes any form of mass mailing.
You may not use a false e-mail address or otherwise provide information that would be misleading
as to the origin of such content.
Although we do not regularly review content you submit to this site,
we reserve the right to edit such content in any way and to refuse to process any orders
including content that violates our Content Policy or we find objectionable for any reason.
You represent and warrant that you possess all necessary rights to use the content
that you submit to this site and that use of such content does not violate our Content Policy.
You agree to defend, indemnify, and hold us harmless from and against any and all claims
arising out of or relating to any content that you submit to this site.
By submitting content to this site, you automatically grant, or warrant
that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right
and license to use the content in any manner that we deem appropriate,
in our sole and exclusive discretion.
All content included on this site, such as, but not limited to,
images, text, graphics, logos, and button icons,
is the property of Pepita Creations LLC or its content suppliers
and is protected by United States and international copyright laws.
All content on the site that is not the property of Pepita Creations LLC and is
not in the public domain is used with permission.
The arrangement and compilation of all content on this site are the exclusive property of
Pepita Creations LLC and are protected by U.S. and international copyright laws.
All software used on this site is the property of Pepita Creations LLC
or its software suppliers and is protected by United States and international copyright laws.
Display and use of certain images on the site are subject to additional conditions
as set forth in the "Special Conditions" section below.
Certain marks used on the Site are registered trademarks or service marks of Pepita Creations LLC
or our affiliated companies, in the United States and other countries.
Certain graphics, logos, page headers, button icons, scripts, and service names
are trademarks, service marks, or trade dress of Pepita Creations LLC or our affiliated companies.
Our trademarks and trade dress may not be used for any commercial or other purposes by any party
other than Pepita Creations LLC or our affiliated companies without our prior written consent.
All other trademarks and service marks not owned by Pepita Creations LLC
or our affiliated companies that appear on this site are the property of their respective owners,
and may or may not be used without their prior written consent.
COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS
We honor the intellectual property rights of others.
If you believe that your work has been copied or used on this site
in a way that constitutes copyright or trademark infringement,
please notify us by following the procedure set forth in the immediately following paragraph.
Upon receipt of any bona fide claim of infringement,
or upon becoming aware of any actual or alleged infringement by any other means,
we will remove such actual or alleged infringing products from the site pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used by us in a way
that constitutes copyright or trademark infringement,
please submit a signed letter stating the details of the believed infringement to:
Pepita Creations LLC
Attention: Legal Department
1125 51st Street
Brooklyn, NY 11219
Please note that this procedure is exclusively for notifying us of your belief that
your copyrighted material or trademark has been infringed.
The use of software such as spiders, crawlers, or bots, by any company,
for the purpose of discovering images that infringe on copyright
is strictly forbidden.
LICENSE AND SITE ACCESS
We grant you a limited, revocable, nonexclusive license to access and make personal use of this site
as our customer; however, you are not permitted to download (other than page caching)
or modify the site or its contents, or any portion thereof,
without our prior written consent.
This license does not include any resale or commercial use of this site
or commercial use of its contents, or any portion thereof;
any collection and use of any product listings, descriptions, or prices;
any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of another party;
or any use of data mining, robots, or similar data gathering and extraction tools.
This site, in whole or in part, may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without our prior written consent.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information
(including images, text, page layout, or form) of Pepita Creations LLC,
our affiliated companies or our partners or suppliers without our prior written consent.
You may not use any meta tags or any other "hidden text"
utilizing our name or trademarks without our prior written consent.
Any use of this site or its contents that is not expressly authorized herein
is prohibited and immediately terminates the license granted herein.
You may not use any Pepita Creations LLC logo or other proprietary graphic
or trademark design as part of any link without our prior written permission.
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under your account or password.
We reserve the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in our sole discretion.
We urge all users to maintain backup versions of all materials submitted to us
to guard against losses of any kind. You understand and agree that
the provision of any materials to us through the service is done at your own discretion
and risk and that you will be solely responsible for any loss or damage to your content
or image or any damage to your computer system or loss of data that may result
in the download or upload of any material.
You are solely responsible for creating back-ups of your digital content.
We are not responsible for any loss of data and/or files resulting from our suspension
or deletion of data and/or files, network or system outages, file corruption
or for any other reason.
In addition, we are not required to return any materials you submit to the site.
REVIEWS, COMMENTS AND QUESTIONS
Visitors may send reviews, comments, and other communications, and submit suggestions,
ideas, or questions, to [email protected].
By doing so, you acknowledge that we will be free to use, disclose, reproduce,
modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
RISK OF LOSS
All products purchased from us are made pursuant to a shipment contract.
This means that the risk of loss and title for such products pass to you upon our
delivery to the carrier.
We attempt to describe the products offered on the site as accurately as possible.
However, we do not warrant that product descriptions or other content of this site are accurate,
complete, reliable, current or error-free. If a product offered by us and purchased by you is
not as described, your sole remedy is to return it in unused condition for a refund or credit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE WARRANT THAT THE PRODUCTS PROVIDED ON THIS SITE WILL CONFORM SUBSTANTIALLY
TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED.
EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON
THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK.
YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS RETURN FOR REFUND OR,
IF AVAILABLE, A CONFORMING REPLACEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the site, you agree that
governed by the laws of the United States of America and the State of New York
without regard to its conflicts of laws principles.
Any dispute of any sort that might arise between you and us
related to this Web site shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in New York.
MODIFICATION AND SEVERABILITY
at any time and in our sole discretion;
therefore, you should review our policies, terms, and conditions each time you visit the site.
Your continued use of the site after we make any such changes
constitutes your binding acceptance of those changes.
If any of the terms or conditions herein shall be deemed invalid, void,
or for any reason unenforceable,
that term or condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining term or condition.
Pepita Creations LLC
1125 51st Street
Brooklyn, NY 11219
SUBJECT TO CHANGE WITHOUT NOTICE
Updated August 10, 2020