TERMS AND CONDITIONS OF SALE
The following are terms and conditions which govern your purchase of a limited license
to use the Images (defined below) on this Site (defined below) from BIC (defined
below). By submitting your order on this Site, you are agreeing to be bound by these
terms and conditions and to comply with all applicable laws and regulations. If
you do not agree to these terms and conditions, do not submit an order on this Site.
"BIC" shall mean Brother International Corporation and their affiliates, subsidiaries
and designees as deemed appropriate by Brother International Corporation.
"Images" shall mean the embroidery design files included on and downloaded from
"Site" shall mean the ibroidery.com website.
Limited License and Scope.
The Images are licensed, not sold, to you. You have a nonexclusive, nontransferable,
limited license to the Images for your own personal use within the United States
and not for republication, distribution, assignment, sublicenses, sale, preparation
of derivative works or other commercial use all in accordance with BIC's
download policy. The Images which may be downloaded from the Site are for
personal, private use only. Any commercial or business use is strictly forbidden
by copyright laws. You agree that you will not distribute or otherwise provide the
Images to any third party. You further agree to keep confidential and use your best
efforts to prevent and protect the Images from unauthorized disclosure or use, including,
but not limited to taking necessary steps to prevent use of the Images by individuals
not specifically licensed to use the Images under these terms and conditions. BIC
reserves all rights, title and interest to the Images not expressly granted to you
under these terms and conditions.
Term and Termination of Limited License.
The license set forth herein is effective until terminated (i) by your deletion
of any Images downloaded by you or (ii) automatically if you fail to comply with
these terms and conditions. In the event that the license is terminated, you agree
to destroy (or permanently erase) all copies of the Images. BIC may terminate this
license at any time by providing notice to you by fax, email or letter.
You are not permitted to sell, rent, lease, lend or otherwise transfer the Images
on a permanent or temporary basis without the written consent of BIC. You are not
permitted to distribute items containing the Images for a commercial purpose. You
are not permitted, nor can you allow any third party, to remove any proprietary
notices, labels or trademarks on the Images. You may not sublicense the Images,
or assign, delegate or otherwise transfer this license or any of the related rights
or obligations for any reason. Any attempt to make any such sublicense, assignment,
delegation or other transfer by you shall be void and shall void your rights to
use the license granted by these terms and conditions.
Ownership and Copyright.
All title, ownership rights, and intellectual property rights in and to the Images
and any copies thereof are vested in and shall remain in BIC and/or its suppliers.
You agree that you neither own nor hereby acquire any claim or right of ownership
to the Images or to any related patents, copyrights, trademarks or other intellectual
property. The Images are protected by the copyright laws and other intellectual
property laws of the United States and international treaties. You may not copy
the Images, except to download the Images to your computer or flash drive in order
to transfer the Images to your embroidery machine.
You agree that you shall indemnify and hold BIC, and its officers, directors, employees,
and suppliers (each a "BIC Indemnitee") harmless from any and all liabilities, losses,
costs, damages and expenses, including, without limitation, reasonable attorneys'
fees, that a BIC Indemnitee suffers or incurs in connection with any claim, action,
demand, or other legal action brought by a third party arising from or relating
to: (i) any breach by you of these terms and conditions; or (ii) any claims related
to products created by you in connection with your use of the Images.
Errors on the Site
BIC attempts to be as accurate as possible on the Site. However, BIC does not warrant
that Image descriptions or other content on the Site is accurate, complete, reliable,
current and/or error-free. BIC reserves the right to revoke any stated offer, cancel
any order and correct errors, inaccuracies or omissions on the Site at any time
even after an order has been submitted and whether or not the order has been confirmed
and/or your credit card charged. In the event that your credit card has already
been charged and your order is cancelled, BIC will refund the amount of the charge
to the original pay type.
Image prices and availability are subject to change without notice, in BIC's sole
Sales Tax Policy
Because BIC does business throughout the United States and collects and remits sales
tax as required by law, the Site also collects and remits sales tax as appropriate.
If you have tax-exempt status, please fax the supporting documentation (i.e. tax-exempt
certificate, Direct Pay Permit or Reseller's Permit) toll-free to 1-800-947-1445.
Be sure to reference your BIC confirmation number. The documentation MUST be received
prior to the order being shipped. If you indicated that you have tax-exempt status
in your order, BIC will not process your order until we receive proof of such status.
Paying for Your Order
You may pay for your orders with a major credit card issued in the United States
of America, with billing address in United States. Currently, we accept Visa®,
MasterCard®, American Express® and Discover® Card.
Credit cards are not charged until the Image has been downloaded at which time you
will only be charged for the Image actually downloaded including any appropriate
Validating Your Order
After you place an order using the Site shopping cart, BIC will check the information
you provide for validity, by verifying your method of payment and billing address.
BIC also verifies the pricing and quantity of the Image requested. BIC reserves
the right to decline any order submitted and/or limit the Image quantities purchased
by you, without giving any reason. The quantity purchased of Images being offered
with a rebate and/or discount may be limited by BIC in its sole discretion. If BIC
declines your order, BIC will attempt to notify you using the e-mail address you
provided during your registration on this Site.
Your receipt of an electronic or other form of order confirmation signifies BIC's
acceptance of your order and confirmation that your payment has been received. BIC
reserves the right at any time prior to confirmation of your order to accept or
decline your order for any reason.
All sales made through the Site are non-refundable once the Image has been downloaded
BIC reserves the right to cancel, change or restructure any and/or all discounts,
promotions, sales, contests, surveys, etc. at any time and for any reason.
BIC does not sell products or services for purchase by children. If you are under
18 years of age, you may only use the Site with the involvement of a parent or guardian.
Disclaimer of Warranties
THE IMAGES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. BIC EXPRESSLY DISCLAIMS
ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL BIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF THE IMAGES SOLD THROUGH
THE SITE. THE FOREGOING LIMITATION SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT,
TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BIC HAS BEEN ADVISED
OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE
THAT THIS LIMITATION ON LIABILITY SECTION SHALL APPLY TO ALL IMAGES. 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.
The terms herein shall be governed by and construed in accordance with the laws
of the State of New Jersey, exclusive of its choice of law rules. In the event that
any of the provisions herein are held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provision shall be limited or eliminated
to the minimum extent necessary so that these terms and conditions shall otherwise
remain in full force and effect.
Update of Site Content
BIC reserves the right in its sole discretion to edit or delete any documents, information
or other content appearing on the Site, including these terms and conditions, without
further notice to users of the Site.
Update of Terms and Conditions
BIC may from time to time revise these terms and conditions by updating this posting.
Please visit this page periodically to review the current terms and conditions because
they are binding on you. If any provision of these terms and conditions shall be
unlawful, void or for any reason unenforceable, then that provision will be deemed
severable from these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions. Certain provisions of these terms and
conditions may be superseded by expressly designated legal notices or terms located
on particular pages on the Site.