TERMS OF USE
Effective as of July 2019
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "you" or "user" or with "your") AND Onethread Design, Inc., d/b/a sarah von dreele (referenced herein as "Onethread") THAT APPLIES EACH TIME YOU USE OR ACCESS Onethread’s WEBSITE, SOCIAL MEDIA SITES OR MOBILE VERSIONS THEREOF, OR ANY RELATED SERVICES (referenced collectively herein as the "Website"). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT ("TOU") AS THEY GOVERN YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE WEBSITE.
1. LICENSE GRANT. The Website is made available by Onethread, and this TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicenseable license to use the Website conditioned on your continued compliance with this TOU. You may print and download materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Website or any materials through the Website for any unauthorized purposes. If you wish to make use of information from the Website other than as set out herein, you must contact Onethread using the contact information set forth below.
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. Onethread transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else. Further, Onethread reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website.
3. USER OBLIGATIONS. By accessing or using the Website, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority in your jurisdiction of residence, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. You also acknowledge and agree that use of the Internet and the Website is solely at your own risk.
4. PROPRIETARY RIGHTS. The Website is owned by Onethread Design, Inc. Copyright 2019 © Onethread Design, Inc. and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Website, unless otherwise indicated, are owned by Onethread and/or its licensors. Onethread and all names, logos, and icons identifying Onethread, the Sarah Von Dreele brand, and their products and services are proprietary trademarks of Onethread, and any use of such marks without the express written permission of Onethread is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
5. FEEDBACK. Onethread welcomes your feedback and suggestions about Sarah Von Dreele products or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Onethread, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Onethread and enable Onethread to use such Feedback. In addition, any Feedback received by Onethread will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Onethread to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
6. MOBILE SERVICES. The Website may offer certain tools or online functionality that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Website and its Mobile Services shall be in accordance with this TOU.
7. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of goods and/or to specific portions or features of the Website. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and the terms applicable to the purchase of goods or a specific portion of the Website, including, without limitation, any areas to enable the online purchase of products offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the relevant goods/products. Onethread’s obligations, if any, with respect to its products and/or services are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing in this TOU should be construed to alter such terms, conditions, notices, and agreements.
8. PRIVACY POLICY. Please see Onethread’s Privacy Policy for a summary of Onethread’s personally identifiable information collection and use practices. You further agree that any such notices, agreements, disclosures or other communications that Onethread sends you electronically (using the contact information you provide through the Website) will satisfy any legal communication requirements.
9. LINKS TO OTHER SITES. Onethread may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which Onethread exercises no control. These links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
10. DISCLAIMER. THE WEBSITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ONETHREAD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ONETHREAD ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THE WEBSITE.
11. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE ONETHREAD FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND ONETHREAD’S CONTROL. MOREOVER, IN NO EVENT SHALL ONETHREAD BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, EVEN IF ONETHREAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ONETHREAD FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE WEBSITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE WEBSITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO ONETHREAD DURING THE PAST SIX MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ONETHREAD’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. ENFORCING SECURITY. You may not use the Website or any of Onethread’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Onethread data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Onethread system or network, circumventing any Onethread security or authentication measures, monitoring Onethread data or traffic, interfering with any Onethread services, collecting or using from the Website email addresses or other identifiers, collecting or using from the Website information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Website to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that it likely to result in retaliation against Onethread or its data, systems, or network. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Onethread reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. Onethread will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Onethread reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website in order to protect the Website or Onethread.
13. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Onethread proprietary assets, will cause irreparable injury to Onethread, such injury would not be quantifiable in monetary damages, and Onethread would not have an adequate remedy at law. You therefore agree that Onethread shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Onethread post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Onethread to enforce any provision of this TOU.
14. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you begin accessing or using the Website, whichever is earliest. Onethread reserves the right at any time and on reasonable grounds to deny your access to the Website or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Website, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Website will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Website in your possession. The provisions concerning Onethread’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
15. GOVERNING LAW. The Website is controlled and operated by Onethread from its office within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. Any action to enforce this TOU will be brought in the courts presiding in the State of New York, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Onethread of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
17. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and Onethread as a result of this TOU or your utilization of the Website. This TOU represents the entire agreement between you and Onethread with respect to use of the Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Onethread with respect to the Website. You may not assign or transfer any rights under this TOU without the prior written consent of Onethread. Please note that Onethread reserves the right to change the terms and conditions of this TOU by posting a revised TOU or e-mailing notice thereof to you. In addition, Onethread may add, modify, or delete any aspect, program, or feature of the Website, but Onethread is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Website following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
18. CONTACT INFORMATION. If you have questions regarding the Website or if you are interested in obtaining more information concerning Onethread (including the Sarah Von Dreele brand) or its products or services, please contact Onethread Design, Inc. D/B/A Sarah Von Dreele at 345 East 61st Street #4A, New York, NY 10065, 917-330-4548 (phone), or info@sarahvondreele.com (e-mail).