This General Terms and Conditions apply to the use of services and products offered to the website (www.embforlife.com), henceforth named Embforlife Inc.
Any person, henceforth named User/Client, which pretends to use the embroidery designs, services and products of Embforlife when makes a purchase is agreeing with our General Terms and Conditions, and all other policies and principles which rules it.
THE ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS IS ABSOLUTELY INDISPENSABLE TO THE USE OF THE WEBSITE AND SERVICES.
The User must read and be assured to understand and accept all conditions established at the General Terms and Conditions, before you subscribe and make your purchase of products at the website www.embforlife.com
01 - Object
The services object of this present General Terms and Conditions of Use, consist in offering to the Users/Clients the possibility to purchase of embroidery designs of several gender and several segments to domestic use, strictly.
02 - Capacity to Register
It is not allowed for one person to have more than one registration. If Embforlife detect, through the data verification system, double registrations, we will disable definitely all the registrations.
Companies can register upon their legal representative.
03 - Registration
We will only confirm the registrations of the one interested that fills all the registration data. The future User/Client must fill it with exact information, accurate and true and, also assumes the commitment of update the Personal Data every time there is any change. Embforlife reserves the right to use all the valid and possible means to identify its user.
Embforlife is not responsible for the Personal Data corrections inserted by its users. The users guarantee and respond, in any case, for the accuracy, exact and authenticity of the Personal Data registration.
The User/Client compromises to notify Embforlife immediately, and through a safe manner, on the respect of any use non-authorized of their accounts, as well as non-authorized access by a third on their account. The user will be the only responsible for the operations made on their account, once the access to it is only made through password, which is of exclusive knowledge of the User/Client.
04 - Modifications of the General Terms and Conditions
Embforlife can change, at any time, the General Terms and Conditions, aiming its upgrading and improvement of the offered services. The new Terms and Conditions will come into force immediately to its publication at the website www.embforlife.com.
05 - Information Privacy
All information or personal data provided by the User/Client to Embforlife is stored at high safety servers. Embforlife, will take all possible measures to maintain the confidentiality and safety described at the clause, although it will not answer for losses which can derivate of this measures violations for a third part using public networks or the internet, subverting the security system to access the information of the Users/Clients.
The User/Client expressly authorizes their information and personal data to be shared by Embforlife with credit card administrators and online payment methods, in order to certify the authenticity of their information.
06 - Prohibit Practices
The Users/Clients won?t be allowed, among other matters comment on the Terms and Conditions:
a) Commercialize the embroidery designs, not even embroidery produced using the images, which demand write authorization by the authors of the images available at the website, unless you have the write authorization by the author given the capacity of doing so; b) Donate, distribute or make it available for download or delivery by any type of media, at private or business websites, blogs, forums, social networks or any type of availability to our designs, purchased or acquired for free at our website.
This type of behavior will be sanctioned with the suspension or cancelation of your registrations as user of Embforlife, without prejudice of the legal actions which can occur by the understanding of crime or contraventions, or civil prejudice which can happen to our User which are buyers.
07 - About the Availability of Embroidery Designs for Free
The Website keeps an archive of embroidery design for free download.
The system can suspend temporarily the download for promotional embroidery archives from free, owing to the lack of purchase history of the User/Client.
Embforlife reserves the right to cancel the supply of free embroidery design at any time.
08 - About the Samples after Download
All designs which are downloaded must go through a test on your embroidery machine to certify that the settings of the machine will allow embroider the design with the pretended quality, considering that even though we have tested all our designs at our embroidery professionals machines before they are commercialized, it can suffer variation of quality on many factors, as so, fabric, interlinings, needles, machine thread set, among others. Therefore, don?t assume the embroidery will be just like ours, without previously making a sample to certify that it will be able to embroidery the final piece.
09 - Sanctions
Without prejudice of other measures, Embforlife can warn, suspend or cancel, temporarily or definitely the registrations of one User/Client, theirs designs downloads and access to services, courses and classes, at any time, starting with legal actions reasonable and/or suspending the service provision if: A) The User don?t fulfill any of the requirements of this General Terms and Conditions or other Embforlife policies; B) If practices fraudulent or willful action; C) If the User identity can?t be verified or any other incorrect information offered by them; D) If Embforlife understands that the services or any other attitude of the User/Client have caused any damage to a third part or to Embforlife itself or, even, have the capacity of doing it so. In the cases of User inability, all the purchases released or opened will be automatically cancelled and the information that the user won?t be able to make registration will be exhibited as soon as they try to make a new registration.
10 - Responsibility
Once it is notice problems from the embroidery machine, used materials or even lack of properly handling to the production, Embforlife won?t be responsible for the irregularities on the embroidery quality.
Embforlife won?t be responsible for the effective compliance with the assumed obligations by the Client/User. The Client/User recognizes and accepts that when makes purchases and uses or embroidery assures the total responsibility on the accomplishment and production of it.
11 - System Failures
Embforlife won?t be responsible for any virus which can attack the User/Client equipment as the result of access, use or browser at the website, on the internet or as consequence of data transfer, archives, images, text or audios on it. The Users cannot attribute to Embforlife any responsibility, neither demand the payment for outgoing profits due to losses resulting of technical difficulties or system failures or internet interruptions, or for any other random event or of force majeure, strange to Embforlife control.
12 - Intellectual Property
The commercial use of the expression "Embforlige" as a brand, business name or domain name, as well as content of related canvas to the Embforlife services, and also programs, database, networks, archives which allow the User/Clients access and use their account are property of Embforlife and are protected by international laws and agreements of copyright, brands, patents, industrial models and designs. The misuse and total or partial reproduction of the refer content are prohibit, unless with the expressed authorization of Embforlife.
13 - Indemnity
The User/Client will indemnify Embforlife and its affiliates, controlled or controlling companies, directors, administrators, collaborators, representatives and employees for any demand promoted by other users or third parties arising from their activities on the website or for their non-compliance with the General Terms and Conditions of Use and other Embforlife policies, or for breach of any law or third party rights, including attorney fees