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Terms & Conditions

Welcome to lasercutmyquilt.com. These terms and conditions apply to the lasercutmyquilt website located at www.lasercutmyquilt.com and where these terms and conditions appear or are linked (collectively, the “Site”).  The Site is owned and operated by Sherry T. Pegelow, owner of My Fabric Opus, a sole proprietorship.

The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).

Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. We encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.

Content

All content posted on the Site, such as text, graphics, logos, images, audio clips, video, data, vector designs, software, and other material (collectively “Content”) is owned by My Fabric Opus and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of My Fabric Opus and protected by U.S. and international copyright laws. My Fabric Opus expressly reserve all intellectual property rights in all Content.

License and Access

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, creative derivative works from, sell or exploit in any way any of the Contents or the Site.

The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Unlawful or Prohibited Conduct

The Site may only be used for lawful purposes in accordance with the terms of this Agreement. As a condition of your use of this Site, you warrant to My Fabric Opus that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Specifically, but without limitation, you may not:

  • Use the Site to transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information that you know is false, misleading or promotes illegal activities;

  • Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by My Fabric Opus or generally publicly available browsers;

  • Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by this Agreement;

  • Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

  • Upload, post, e-mail or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary right of any party;

  • Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;

  • Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access, (ii) trying to change the behavior of the Site, (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures, (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, flooding, spamming, mailbombing, or crashing, (v) forging any header or part of the header information in any email or posting, or (vi) impersonating the Lasercutmyquilt website or impersonating another user;

  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;

  • Solicit password or personally identifying information from other users;

  • Advertise or offer to sell or buy any goods or services for any business purpose;

  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site, or

  • Commit any other act that is otherwise inappropriate for the Site, in My Fabric Opus sole judgment.

Registration and Passwords

You may be required to register with My Fabric Opus in order to access certain services or areas of the Site. Your user name and password are for your personal use only. We may refuse to grant to you the user name you request. If you register an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

 

Termination

 

We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site if you violate this Agreement, for any reason, or for no reason. Upon any such termination, your right to use the Site will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of this Agreement that are intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

Transactions

If you wish to purchase any product or service made available through the Site (each purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to My Fabric Opus the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You remain responsible for any taxes that may be applicable to your Transactions.

Shipping

United States Postal Service is the shipping carrier we use.  Shipping is paid by the purchaser at a flat rate of $5.

Products and Services Offered

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.  My Fabric Opus strives to display as accurately as possible the colors of the products shown on the Site; however, My Fabric Opus cannot and does not guarantee that your monitor's display of any color will be accurate. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.

Modifications to the Site

My Fabric Opus may modify or discontinue any part of the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users. My Fabric Opus reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted to the Site. Your continued use of the Site will indicate your acceptance of the current Agreement.

Privacy Policy

My Fabric Opus does not share personal information collected through creating an account and making a purchase.  We retain your information only for as long as necessary to provide requested products or services and to maintain an account for future purchase or as required by applicable law.

Digital Designs

The Design Library contains SVG design files (the “Files”). The Files available to you as a FREE download are for general use and can be shared freely.  All Files for purchase are protected by copyright and are owned by My Fabric Opus. As noted in the License and Access provisions above, you may download or copy the Files for your personal use only. No right, title or interest in any downloaded Files is transferred to you as a result of any such downloading or copying. Except as specifically allowed in these Terms, you may not reproduce, publish, transmit, distribute, display, modify, creative derivative works from, sell or exploit in any way any of the Files.

Personal use of the Files does not include any production by more than one person. You may sell projects you create using the Files (the “Finished Projects”) in limited quantities only. Sales of Finished Projects may not exceed 500 items per File per user. You may not include or incorporate the My Fabric Opus or Laser Cut My Quilt name or any of its trademarks, logos or trade dress in your sales of the Finished Projects, or otherwise imply that My Fabric Opus endorses the sale of your Finished Projects.

You are solely liable and responsible for all Finished Projects, and for any claims or disputes arising as a result of your sale, offering for sale and/or distribution of the Finished Projects. You agree to indemnify and hold harmless My Fabric Opus against any disputes or claims arising from your sale, offering for sale and/or distribution of Finished Projects.

Availability, Errors, and Inaccuracies

My Fabric Opus's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. My Fabric Opus makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site.  As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.  The inventory of bulk items, such a fabric cut off the bolt, is difficult to monitor.  If a listed item on the Site shows it is in stock but is indeed out of stock, we will offer to substitute the product, order the product, or credit the customer.   My Fabric Opus reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

 

Risk of Loss

 

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

Returns

If you are not fully satisfied with your purchase, you may return it.  We refund the cost of any returned merchandise, minus the return shipping charges, as soon as we receive and process the return shipment. We will send you an email to confirm that the return has been completed on our end. Refunds are in the form of original payment, so please note that your credit card company may take up to 10 additional business days to post the refund to your account.  Digital Products are not returnable but they are guaranteed to be accurate.  Please contact us if you have any trouble with a design.

Jurisdictional Issues

The Site is controlled and operated by My Fabric Opus from the United States, and is not intended to subject My Fabric Opus to the laws or jurisdiction of any state, country, or territory other than that of the United States.  My Fabric Opus does not represent or warrant that the Site or any part thereof is appropriate or available for use in any jurisdiction other than the United States.  In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations.  We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.   

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless My Fabric Opus and its respective employees against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

Indemnification and Defense
Limitation of Liability

Under no circumstances shall My Fabric Opus or its employees be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the site.  This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income or profit), whether in contract or tort, even if My Fabric Opus has been advised of or should have known of the possibility of such damages.  Each provision of these Terms & Conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and My Fabric Opus.  This allocation is an essential element of the basis of the bargain between you and My Fabric Opus.  The limitations in the section with apply even if any limited remedy fails of its essential purpose(s).  If you are dissatisfied with the Site, any content on the site, or these terms & conditions, your sole and exclusive remedy is to discontinue using the Site.  You acknowledge, by your use of the Site, that your use of the Site is at your sole risk.  Applicable law may not allow the limitation of liability set forth above, so the limitation of liability may not apply to you, and you may have rights additional to those contained herein.

Notices and Electronic Communications

Except as explicitly stated otherwise, any notices you send to My Fabric Opus shall be sent via email to lasercutmyquilt@gmail.com located at 41 Fox Run Lane, Fredericksburg Va 22405.  In the case of notices My Fabric Opus sends to you, you consent to receive notices and other communications by My Fabric Opus posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that My Fabric Opus provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.  Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing.  You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disputes

You agree that all matters relating to your access to or use of the site and all matters arising out of or related to these Terms & Conditions, including all disputes, will be governed by the laws of the state of Virginia, United States of America, without regard to Virginia’s choice of law principles.  You furthermore agree that the exclusive forum and venue for any legal action arising out of or related to these Terms & Conditions shall be the Court that has jurisdiction over Stafford County, Virginia and you submit to the personal jurisdiction of that court.  The making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.  You agree that to the extent permitted by applicable law: (1) any and all disputes, claims, and causes of action arising out of or connected with the Site and/or these Terms & Conditions will be resolved individually in the forum designated in this section, without resort to any form of class action; and (2) any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will  attorney’s fees be awarded or recoverable.

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