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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. YOUR ACCESS AND USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOU AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE OR ACCESS OUR WEBSITE.
These Terms and Conditions govern our mutual rights and responsibilities when you use the resources and services provided by Over Two (collectively, "Over Two", "we", or "us").
These Terms and Conditions, and our Privacy Policy (the "Privacy Policy"), which is incorporated into these Terms and Conditions by reference, apply to all activities and modalities on the Site, including, but not limited to, Blogs, Forums, Groups, and Wikis.
Unless otherwise agreed to, you are subject to these Terms and Conditions, and any additional terms that may apply. These additional terms, if any, will be available through the Site. These Terms and Conditions create a legal agreement between you and the Site and supersede any prior agreements between you and the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these Terms and Conditions were last revised. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site.
By accessing the Site, you agree to comply with all applicable laws (including, but not limited to, libel, obscenity, and child pornography), assume responsibility for your activities, and agree not to harass, disrupt, abuse, or invade the privacy rights of others.
By accepting these Terms and Conditions, you agree to provide accurate, complete and current information and to maintain and update such information to keep it accurate, complete and current. If you fail to do so, we reserve the right to terminate your account.
The Site and its contents are protected by copyright pursuant to U.S. and international copyright laws.
By posting your material on the Site, you are granting us and our affiliates a nonexclusive, royalty free, perpetual, and worldwide license to use your content on the Site until you remove or delete it, including, but not limited to, the right to copy, distribute, transmit, display, perform, reproduce, edit, translate, reformat, and/or incorporate into a collective work. Whenever possible, we will credit you as an author, and you agree to give us the right to use your name for attribution purposes.
The Site includes information, views, opinions and recommendations of individuals and organizations of interest to the needle and fiber arts community. Over Two assumes no responsibility for the accuracy, currency, completeness, or usefulness of any information in any material on the Site and does not endorse any opinions or recommendations posted by members or registered users nor do we give art-related investment advice. You should exercise discretion and skepticism before relying on information in messages or art submissions since it may be incorrect or misleading.
We do not screen, review or edit messages posted by users. Notwithstanding the foregoing, we reserve the right to monitor and/or remove any information transmitted or received through the Site, or to terminate your membership and use of the Site at any time, without notice, in our sole discretion. It is each user's responsibility to bring violations of these Terms and Conditions to our attention, although we do not guaranty any action based on such information. The following actions, among others, may result in removal of information and/or termination of your membership:
The Site allows registered members to submit images of handcrafted works by uploading image files to the Site's servers. Subject to our Privacy Policy, as a registered member you agree to receive periodic emails from us containing information about new features and service options and/or periodic information about special promotions. We are not responsible for content posted by the Site's members. We do not verify or endorse any content posted by any member. We are not responsible for the delivery or quality of any goods or services that are advertised by us, our members or any other third parties on the Site. If you believe that any of the content posted by members, visitors or third parties violates your proprietary rights, including copyrights, please report it to us immediately.
You must be at least thirteen (13) years old to sign up as a member. As a member you are solely and fully responsible for any content posted by you or visitors to your account. Although we review member account content on a spot check basis, we cannot establish nor guarantee the legal nature of any such content.
By submitting your images to the Site, you represent that the images comply with these Terms and Conditions. If any third party brings a claim, lawsuit or other proceeding against Over Two or its affiliates based on content you post on the Site, you agree to compensate Over Two and/or its affiliates, officers, directors, members, employees and agents for any and all losses, liabilities, damages or expenses, including attorney's fees, incurred by such party in connection with any such claim, lawsuit or proceeding.
We are not responsible for any financial or personal loss to members using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (i.e. server malfunction, server crashes or software related problems) and accidental or willful deletion of member accounts and/or contents of said accounts.
Images stored on our servers are for online sharing purposes and not meant for permanent or temporary archival purposes. Therefore, we are not obligated to maintain back-up copies of any material submitted or posted on the Site.
Your use of the Site affords you access to many of the features of the Site, but some aspects of the Site remain within our exclusive proprietary control. We own the intellectual property rights to any and all protectable components of the Site, including, but not limited to, the computer software, the related documentation, the "look and feel," the end-user interfaces, the name of the Site, and many of the individual features. You shall not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the Site which we own.
You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Site for any reason including, without limitation, your breach of these Terms and Conditions or any subsequent modifications, failure to answer our inquiries in a timely manner, failure to maintain an active email, or any attempted assignment of your account by you. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. Over Two shall not be liable to you or any third party for the termination of the Site and/or your account or any claims related to the termination of the Site and/or your account.
You must bear the risk of any liability relating to your use of the Site. ACCORDINGLY, YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You shall defend, indemnify and hold harmless Over Two and its affiliates, members, officers, directors, employees, consultants, agents and representatives, and their respective heirs, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with the Site, your violation of these Terms and Conditions or your infringement, or infringement by any contestant as part of a contest, of any intellectual property or other right of any person or entity, regardless of the type of claim or the nature of the cause of action. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
THE SITE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON THE SITE. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHOM THEY PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SITE.
A. Choice of Law/Jurisdiction. You agree that these Terms and Conditions shall for all purposes be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law provisions thereof, and that any action arising out of these Terms and Conditions shall be litigated and enforced under the laws of the State of New York. Further, you agree to submit to the exclusive jurisdiction and venue of the courts of the State of New York, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of New York.
B. Waivers. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of Over Two to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
C. Severability. If any provision of these Terms and Conditions shall be declared void or invalid by a court of competent jurisdiction, such void or invalid provision shall not in any way impair the entire Terms and Conditions, the remaining provisions shall be construed as if not containing the provisions held to be void or invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. If any court with jurisdiction should determine that any provision of these Terms and Conditions is overbroad or otherwise unenforceable, the court may narrow or limit the provision so as to make it enforceable.
D. Headings. The headings used in these Terms and Conditions are for reference purposes only and do not constitute substantive matter to be considered and construed as the terms of these Terms and Conditions.
E. Binding Agreement. These Terms and Conditions shall be binding upon you and your employees, representatives, and agents, and their respective heirs, successors and assigns and shall inure to the benefit of Over Two and its affiliates, successors, assigns and licensees.
F. Entire Agreement. These Terms and Conditions and any and all other online policies promulgated by Over Two, constitute the entire agreement between us and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
G. Acknowledgment. IF YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE click on the "I Accept Terms of Use" button below INDICATING YOUR INTENT TO BE LEGALLY BOUND HEREBY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT click on the "I Accept Terms of Use" button below AND DO NOT USE OR ACCESS THE SITE.