Terms of service: an agreement between you and FASTSTITCHEMBROIDERY (IDML) to enter and use this website and services.
Welcome to the FASTITCHEMBROIDERY website and services.
We hope you enjoy your use of our facilities. Please read the following carefully…
FASTSTITCHEMBROIDERY (IDML) Services:
Create, design, and customise products that are listed for sale.
Buy products that are listed for sale
Save and share designs that you may have created
Use our fun picture and design tools.
Save created images and designs into public and personal galleries.
Registering to subscribe to special offers and use of galleries.
Using our FASTITCHEMBROIDERY (IDML) Services and Website:
2.1) Eligibility for Children under 18.
FASTITCHEMBROIDERY (IDML) will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2) Definitions and Interpretation
Intellectual Property Rights means all industrial, commercial and intellectual property rights.
A person means any form of legal entity as well as any quasi-legal entity.
A User means any person using the website and/or services provided by FASTITCHEMBROIDERY and Piki Print (the design interface)
A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
Users are and shall be wholly and exclusively responsible, at
their own cost, for all equipment necessary to access and use
the Website and services;
the use that it makes of the Website, including any article,
material, literary or artistic work, design or other matter that they
create, develop or produce;
complying with all laws, regulations and rules in the uses
country or jurisdiction;
complying with any recommendations or guidelines issued by
FASTITCHEMBROIDERY with respect to the use of the Website
3.2) Restrictions on Users
Users shall not and has no right to either:
Reproduce, publish, distribute and/or resell either the Website and/or service to any person.
Use either the Website to supply any service to any person
Modify, adapt, disassemble and/or reverse engineer the Website or service.
Access or use the Website and/or service to create and distribute any material that infringes the rights of any person.
To create and distribute any materials deemed libellous, defamatory, slanderous, condones, promotes, contains or links to adware, cracks, hacks or similar utilities programmes.
Create and distribute any materials that contain explicit sexual content
Create and distribute any materials that may offend any group or groups of people or that is designed to harass or threaten others.
Create or distribute any materials that exploit images or the likeness of minors.
Create or distribute any materials that encourage the use of drugs or the under-age use of alcohol or cigarettes.
Use “Spam”, “blast-faxes” or recorded telephone messages to market or sell any products or services.
Use, transfer or implant a virus or any like programme that disrupts, disables or otherwise has a detrimental affect on the Website and/or the PIKIWARE® Platform.
Take any action that imposes any unreasonable load on the Website or the Service.
Use any device or process to monitor the activity on or copy pages from the Website or the Service,
Collect electronic mail addresses or other information from the Website,
Impersonate another person or entity
Display or link the Website in such a manner that it appears to be a part of someone else’s website without specific agreement.
FASTITCHEMBROIDERY (IDML) Obligations
4.3) Training: User acknowledges that FASTITCHEMBROIDERY (IDML) has no obligation to user to provide any training in relation to the use or operation of the Website and/or Service.
4.4) Modification of the Website: FASTITCHEMBROIDERY (IDML) reserves the right to modify the Website and/or the services. We may change, suspend or discontinue any aspect of the Website and/or service at any time without notice or any liability to user or any person. FASTITCHEMBROIDERY (IDML) shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
Intellectual Property Rights
5.1) Reservation of title
to any Intellectual Property Rights that relate to the Website
and/or the services provided other than to express authorisation set out in clause 4.1.
This licence does not include the right to collect or use
information contained on the Website for purposes prohibited by
If user uses the Website in a manner that exceeds the scope of
the licence and deny access to and use of the Website.
5.2) Prohibition on infringement
User acknowledges and agrees that FASTITCHEMBROIDERY
(IDML) does not permit, authorise or condone and expressly
prohibits user from using the Website and/or the services in a
manner that infringes, or is likely to infringe, the Intellectual
property Rights, or any other rights or privileges, of any person
anywhere in the world.
5.3) Derivative material
Subject to clause 5.2, user shall own any Intellectual Property
Rights in any original material that it authors, designs or creates
using the Website. If the user chooses to add any item to a
public gallery, in consideration of the authorisation granted
under 4.1. User hereby grants to FASTITCHEMBROIDERY
(IDML) licence to do all acts and things comprised within the
said Intellectual Property Rights.
User Account, Password and Security: You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account. You are fully responsible for all activities that occur under your password or account. You must notify FASTITCHEMBROIDERY (IDML) of any unauthorised use of your password or account or any other breach of security. Please ensure that you exit from your account at the end of each session. FASTITCHEMBROIDERY (IDML) cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7.1) User Warranties: User agrees that in its use of the Website and the Services provided, it:
Will not infringe the Intellectual Property Rights or any other legal right of any person and will comply with all applicable laws, rules and regulations.
User agrees there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
FASTITCHEMBROIDERY (IDML) will not be required to make any payments or compensation to any person in connection with its use of such content; and such content does not contain viruses or any other programmes or technology which disrupts or damages the Website and/or the Services provided.
7.2) FASTITCHEMBROIDERY (IDML)’s warranties: We have the
FASTITCHEMBROIDERY (IDML) provides the Website and
Services on an “as is” and “as available” basis. Nothing in these
warranty by FASTITCHEMBROIDERY (IDML) that the
functionality or operation of the Website and/or services will:
Be uninterrupted or free of errors and inaccuracies;
Meet users requirements; or
Operate in the configuration or with the hardware or software used by user.
User agrees that the Website and the service (as with technology in general) may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in use of the Website and/or services provided.
FASTITCHEMBROIDERY (IDML) does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the Internet are impaired or disrupted and for which FASTITCHEMBROIDERY (IDML) is not liable.
FASTITCHEMBROIDERY (IDML) does not warrant that any data, information and other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
7.4) Exclusion of implied Warranties: SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY FASTITCHEMBROIDERY (IDML), THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIETY ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5) No representation of reliance
- User acknowledges that no one has made any inducement to
Exclusion and Limitation of Liability
(a) implied condition, warrant or other term of these Terms of
use where pursuant to applicable law to do so is unlawful or void.
(C) liability for fraud or deceit
(d) liability for death or personal injury caused by the negligence of either party.
(8.2) Exclusion of liability: Subject only to Clause 8.1, in no event
malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
-any third party
-actions of users that were not expressly authorised by FASTITCHEMBROIDERY
-accident, misuse or abuse by anyone other than FASTITCHEMBROIDERY.
-alteration of the Website and/or service by anyone other than FASTITCHEMBROIDERY
-products (including hardware or software) not licensed or supplied by us.
-power surge or failure
-events outside of our actually control
-any other condition not arising under normal operating conditions.
Any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
Subscribers liability to any person
Incidental or consequential damages of any nature, whether such liability is asserted on the basis of common or civil law notwithstanding that FASTITCHEMBROIDERY (IDML) has been advised of the possibility of any particular loss or damage.
8.3) Links: FASTITCHEMBROIDERY (IDML) may place links on the Website to other websites that are owned and operated by other persons. User acknowledges and agrees that FASTITCHEMBROIDERY (IDML) is not responsible for the operation of or content located on any such website. We cannot and do not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to visit these other websites, the user acknowledges and agrees that it may not make any claim against us for any damages of any kind arising from the other website and/or link.
8.5) Indemnity User shall indemnify and hereby releases unconditionally FASTITCHEMBROIDERY (IDML), without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to:
its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use
the misuse or misappropriation of the said media content
any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise in anywhere in the world.
9.2) Effect of Termination
a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable
b) it does not affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.2) Variation: FASTITCHEMBROIDERY (IDML) may amend these
10.5) Governing Law and Jurisdiction
b) Each party irrevocably submits to the exclusive jurisdiction of the courts of the United Kingdom, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.