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Terms of Service

Welcome to Needlepie!

Needlepie service (the “Needlepie Service”) is located at Needlepie.com and is operated by Needlepie, Inc., with our headquarters at 1652 West Texas St, Suite 121, Fairfield, CA 94533, USA and its subsidiaries (collectively, “Needlepie”). The Needlepie Service provides buyers with the ability to find high-quality, unique products.

We offer the Needlepie Service subject to the following Terms of Service, specifically including Needlepie Privacy Policy and Acceptable Use Policy. If you do not agree to these Terms of Service, you are not authorized to use the Needlepie Service. To note, these Terms of Service apply to all of our products and services. If we include some additional terms for tools you can download from the Service or other services, those provisions are incorporated into these Terms of Service.

*Please note that if you are located in Europe (including the United Kingdom) then the sections marked with an asterisk do not apply to your use of the Needlepie Service. Please see Additional Terms for European Users below for additional terms which apply to your use of the Needlepie Service.

Use of the Needlepie Service
Information You Provide: Certain features of the Needlepie Service require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Needlepie of any unauthorized use of your password or account or any other breach of security. Needlepie reserves the right to terminate accounts and/or listings that are inactive for six (6) months or more.

Multiple Member Accounts Prohibited: Operating and maintaining multiple member accounts is prohibited. If you have a legitimate business need for a second account, you can apply for an exception to this policy by following the process outlined in Needlepie Training Center.

Misuse of Member Account: If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, infringe any third party rights, fail to comply with the Terms of Service or any other Needlepie policies, Needlepie may, in its sole discretion, cancel your listings, suspend your use of Needlepie tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.

Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Needlepie Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.

Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Needlepie Service only with the approval of your parent or guardian.

Applicable Laws: In connection with your use of the Needlepie Service, you will comply with all applicable laws, regulations and industry standards.

General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Needlepie in connection with your use of the Needlepie Service. Needlepie may establish general practices and limits concerning use of the Needlepie Service. Needlepie reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Intellectual Property Complaints
Infringement Claims Between Needlepie Users, Waiver of Claims: As a condition of using the Needlepie Service, you agree to submit any and all infringement claims against Needlepie users (so called “Copycat Claims”) pursuant to Needlepie existing policies and procedures governing such claims. You further agree, as a condition of using the Needlepie Service, to waive any and all claims against Needlepie arising from alleged infringement by you or another Needlepie user. In addition, you understand that Needlepie may release your contact information to any Needlepie User that satisfactorily alleges a violation of its rights under this section.

Infringement Claims by Third Parties: Needlepie takes any allegations of infringement seriously. If Needlepie receives any complaint or allegation that your listing or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that Needlepie may terminate or delay your listing, in its sole discretion. In addition, you understand that Needlepie may release your contact information to any third party that satisfactorily alleges a violation of its rights.

Needlepie will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Needlepie user has infringed upon your rights, please notify Needlepie through our Intellectual Property Claim page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.

You must include with your notification the following information.

A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;

The URL to the Needlepie listing(s) used in connection with the sale of the allegedly infringing merchandise;

Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);

Your full name, address, telephone number(s) and email address(es);

A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and

A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

Repeat Infringer Policy: Needlepie has adopted a policy of terminating, in appropriate circumstances and at Needlepie sole discretion, users who are deemed to be repeat infringers. Needlepie may also at its sole discretion limit access to the Needlepie Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.

Buyers: Purchasing of Merchandise
Ordering and Availability: Merchandise may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us. Your order constitutes an offer to us to buy the merchandise ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. In the event we do not accept an order we will inform in writing of our decision. You do, however, acknowledge that by placing the order, you enter into an obligation to pay for the merchandise.

Where we accept your order, we will confirm such acceptance by sending you a dispatch confirmation email or email on which the digital product is available for download (Order Confirmation). The contract in relation to the Merchandise ordered (Contract) will only be formed when the Order Confirmation is sent. After entering into the Contract, we will be under a legal duty to supply you with goods and/or digital products that are in conformity with the Contract.

Price and Payment: The price of merchandise is as quoted on the Needlepie Service from time to time.

We may use a third-party payment processor (Payment Processor) to process your payments for merchandise. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By clicking the “Buy now” button on the checkout page, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any merchandise ordered in accordance with the applicable payment terms and you authorise us, through the Payment Processor, to charge your chosen payment provider (Payment Method). You agree to make payment using that selected Payment Method.

We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due upon demand. Fees will be charged in the local currency of your shipping address. You are responsible for paying all fees and applicable taxes associated with the merchandise ordered in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If your Payment Method is not authorised or accepted, Needlepie reserves the right to cancel your order with no further liability or obligation to you. Needlepie reserves the right to stop accepting credit cards from one or more issuers at any time.

*Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.*

Purchases of Digital Products: After you purchase a digital product, Needlepie will email a download link for the digital product to the email address associated with your account as soon as Needlepie accepts your order. The download link will be available for as long as the digital product is made available for purchase. If your download link has expired, you may contact Needlepie customer support for assistance, but Needlepie makes no guarantee that the digital product you purchased will still be available. If you purchase a digital product through the Needlepie Service, you are granted a perpetual, worldwide license to use that digital product for personal purposes, except that you may not display that digital product for download or export, re-sell, license, or otherwise distribute such digital product for profit, including through other print-on-demand services. You hereby agree not to use any digital product purchased through Needlepie in any manner that competes with Needlepie business. Needlepie may require you to update digital products, provided that the digital products shall always match the description provided to you before you bought it.

Needlepie operates an online marketplace where you can purchase tickets for online events organised by event sellers. Needlepie helps manage ticketing and registration for online events promoted through the Needlepie Service on behalf of event sellers, however Needlepie is not the host, creator, or organiser of any online event posted by a seller. The seller is the organiser of the online event and is responsible for providing the event (including the third-party platform for hosting or streaming the event) and ensuring that the online event is delivered as described. You acknowledge that Needlepie is not responsible for online events that take place off the Needlepie Service. You are responsible for providing a valid email address for delivery of tickets and ensuring you are able to receive delivery of the tickets. Needlepie shall not be liable for, and you will not be entitled to any refund where delivery is failed as a result of your failure to provide correct and complete information. Tickets may be sold subject to certain restrictions. Any such restrictions will be displayed or otherwise notified to you before or at the time of booking. It is your responsibility to ensure that you read all notifications and other information displayed or notified to you as part of the purchase process. You may not resell or transfer your tickets. If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from the relevant event seller. Nothing in this section affects your legal rights.

Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods, they are produced specifically for you once you place an order. We do not hold stock and would not, but for your order, have produced the goods. You further agree that you do not have a right to change your mind with respect to digital products delivered to you immediately. Other than where goods, including digital products, are faulty, you have no right to cancel any order or return any goods and all orders are final. Nothing in this section affects your legal rights.

*Waiver: Your purchase of an item using the Needlepie Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.*

Needlepie Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the Needlepie Service for the purpose of engaging in business transactions with Needlepie. You may not use any automated technology to scrape, mine or gather any information from the Needlepie Service or otherwise access the pages of the Needlepie Service for any unauthorized purpose. If you are blocked by Needlepie from accessing the Needlepie Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Needlepie Service or distributed in connection therewith are the property of Needlepie, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

The Needlepie Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Needlepie, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Needlepie Service or the Service Content, in whole or in part. Any use of the Needlepie Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Needlepie.

The Needlepie name and logos are trademarks and service marks of Needlepie (collectively the “Needlepie Trademarks”). Other company, product and service names and logos used and displayed via the Needlepie Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Needlepie. Nothing in these Terms of Service or the Needlepie Service should be construed as granting any license or right to use any of Needlepie Trademarks displayed on the Needlepie Service, without our prior written permission in each instance. All goodwill generated from the use of Needlepie Trademarks will inure to Needlepie exclusive benefit.

Third Party Material: Under no circumstances will Needlepie be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.

Needlepie may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Needlepie, its users or the public.

Third Party Websites
The Needlepie Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Needlepie has no control over such sites and resources and Needlepie is not responsible for and does not endorse such sites and resources. Needlepie will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Needlepie Service are between you and the third party, and you agree that Needlepie is not liable for any loss or claim that you may have against any such third party.

*Disclaimer of Warranties
YOUR USE OF THE NEEDLEPIE SERVICE IS AT YOUR SOLE RISK. THE NEEDLEPIE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, Needlepie EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY LISTING, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.*

*Limitation of Liability
NEEDLEPIE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Needlepie HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Needlepie TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Needlepie OR Needlepie HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.*

Termination
Needlepie, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Needlepie Service and remove and discard any content within the Needlepie Service, for any reason. Further, you agree that Needlepie will not be liable to you or any third party for any termination of your access to the Needlepie Service.

Relationship
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Needlepie in any way and will not attempt to do so or imply that you have the right to do so.

Governing Law
For users located in the United Kingdom or European Union: These Terms of Service will be governed by the laws of England, without regard to its conflict of law provisions except that (if you are a consumer and not a business user) and if you live in a country of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

Subject to the next paragraph you agree that any disputes between you and Needlepie regarding these terms will only be dealt with by the English courts except that (if you are a consumer and not a business user) and if you live in a country of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution. We are not required to comply with any alternative dispute resolution under this platform.

For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and Needlepie agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

General
These Terms of Service constitute the entire agreement between you and Needlepie and govern your use of the Needlepie Service, superseding any prior agreements between you and Needlepie with respect to the Needlepie Service. The failure of Needlepie to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Needlepie, but Needlepie may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Needlepie may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Needlepie Service.

Notice for Users in California
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance You may contact us at Needlepie, Inc., 1652 West Texas St, Suite 121, Fairfield, CA 94533, USA

Questions? Concerns? Suggestions?
Please contact us with any questions regarding these Terms of Service or the Needlepie Service.

Last Revised: January 2021

Additional Terms for European Users
Our liability: Nothing in these Terms of Service shall limit or exclude our liability to you:

for death or personal injury caused by our negligence;
for fraudulent misrepresentation; or
for any other liability that, under consumer protection or other law, may not be limited or excluded.

Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising out of or in relation these Terms of Service or the Needlepie Service shall not, exceed the amount you have paid Needlepie or Needlepie has paid you in the last six (6) months, or, if greater, one hundred Euros (€100) and is strictly limited to losses that were reasonably foreseeable.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control.

Buyers: Purchasing of Merchandise: Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due as set out when you view the items in your shopping basket, once you have selected your chosen different delivery method. Our VAT registration number is GB186156289.

Faulty Merchandise: If you are a consumer, once we accept your order for merchandise we are under a legal duty to supply products (including digital products) that are in conformity with these Terms of Service.

If any merchandise you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe any merchandise was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.

Nothing in this section affects your legal rights.

Product information: While we have taken reasonable steps to depict Products as accurately as possible on the Site, the photographs and other images of Products featured on the Site are created and designed by the relevant sellers of such Products and the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

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