Orchard Yarn and Thread Company Inc. (“Company,” “we”, or “us”) provides access to this website, located at www.lionbrand.com (“Site”), and certain features, functionality, and services offered by us in connection with the Site (“Services”). These terms and conditions (“Terms”) govern your access and use of the Site and the Services, as a Registered User (defined below) or otherwise. By your access or use of the Site or the Services, you consent to and accept these Terms.
I. ACCESS AND USE
A. Use and Access
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services. This license is restricted to those who have reached the age of majority in the jurisdiction in which they reside. If you have not reached the age of majority in the jurisdiction in which you reside, you may not access or use the Site and Services.
B. Personal Information
In order to use certain features of the Site or Services, you may be required to register for an account with us (“Account”) and provide certain information about yourself (such Account holders are sometimes referred to herein as “Registered Users”). You represent and warrant that: (i) all required registration information you submit to us is truthful and accurate; and (ii) you will maintain the accuracy of such information, such as by updating your mailing address, if applicable. You are solely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You shall immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You may also be provided with the opportunity to submit your email address through the Site in order to receive news, updates and offers related to the Company and its Products (as defined below).
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Services to any third party. You may use the Site and the Services only for your personal, non-commercial purposes. You shall not combine or integrate the Site and the Services with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site or the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You shall not use the Site and the Services to: (i) violate any local, state, national or international law; (ii) stalk, harass or harm another individual; (iii) collect or store personal data about other users; (iv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (v) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You may not: (i) use any high volume, automated, or other means to access the Services (including, without limitation, robots, spiders or scripts) for purposes of disrupting or damaging the Site or Services; or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
D. Third Party Services and Offerings
In order to deliver the Site and Services, we utilize various services provided by third party service providers, including, but not limited to, a hosting service, payment services, and shipping services. We exercise no responsibility or control over these services and we shall not be held liable for the accuracy or reliability of any third party’s policies or content. By accessing or using the Site, you accept and agree to be bound by these Terms, as well as any third party’s terms and conditions you may be asked to comply with (e.g., a third party payment service may ask you to agree to their terms and conditions to use their services in connection with the Site). We may at any time change the third party service providers we use, and we shall not be obligated to notify you of any such change.
You may be able to access websites, content, products or Services provided by third parties through links that are made available on the Site. We refer to all such websites, content, Services and products as “Third Party Offerings.” If you elect to use such Third Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third Party Offerings.
In no event shall a reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party product or service by us unless explicitly indicated by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Offerings.
As between you and us, we and/or our vendors and content suppliers, as applicable (“Suppliers”), retain all right, title and interest in and to the Site, Services and Products, and all related intellectual property rights. We and our Suppliers reserve all rights not granted in these Terms. Unless you obtain our prior written consent, you may not copy, distribute, publicly perform, publicly display or create derivative works from any work made available or accessible via the Site, the Services or Products. If you provide us with any feedback or suggestions regarding the Site, Services or Products, including, but not limited to, reviews and comments made, submitted, or posted by you in any chat or forum found at or hosted by the Site (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You shall not submit to us any information or ideas that you consider to be confidential or proprietary.
All trademarks, logos, service marks, graphics and other content (“Site IP”) displayed or otherwise published on or through the Site, Services and Products are our property or the property of our Suppliers. You are not permitted to use the Site IP without our prior written consent or the consent of such third party which may own the Site IP.
You may have the opportunity to submit data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") on the Site via means provided by us or a third party. You are solely responsible for your conduct and any Content you provide to us, and all such submissions shall be subject to our DMCA policy provided in Section IV below.
We may provide you access to certain designs, patterns and other information to be used along with our offered Services and Products in order to create items for your personal use only (“Patterns”) and such Patterns shall qualify as Site IP. As between you and us, we and/or our Suppliers own all right and title in and to such Patterns. You may use such items created from such Patterns for your personal use only, but you are not permitted to sell such items or use them for commercial purposes of any kind without explicit permission.
II. PRODUCTS & SERVICES (SALE TERMS AND CONDITIONS)
All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product, or its description or pricing on the Site.
Please be aware that, although we endeavor to present our Products as accurately as possible on the Site, actual Product appearances may vary for certain reasons, including, without limitation, the color settings and display of your computer monitor. We shall not be responsible for any such variations between the appearance of the Products as you see them on the Site and the Products you receive.
Any order placed through the Site shall be deemed an offer to purchase Products, and such offer is subject to our acceptance, in our sole discretion. Customers must be over the age of 18 with a valid credit card or other permitted payment method in order to purchase Products. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy will be a refund of any funds previously remitted to us by you in connection with the canceled order.
Please read the official rules that accompany each special offer, coupon, or discount that we may offer. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order. We further reserve the right, with or without prior notice: to limit the available quantity of or discontinue any Product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any Product or service.
C. Payment Terms
Payments for accepted orders may be processed directly through the Site using your credit or debit card, a prepaid gift card, or through third party services such as Paypal. Credit cards accepted include Visa, Mastercard, Discover, and American Express. For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the shipping, handling and delivery fees for the delivery services you select (“Delivery Fees”), and any applicable Taxes (defined below). We will automatically bill your credit card, or other payment option, submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by us. All payments are non-refundable except as provided in II(B) above, or otherwise in accordance with the Company’s written policies.
D. Shipping Policy
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by us are estimates.
E. Return Policy
i. Returns: We will accept returns only in accordance with the Return Procedures below. If a Product is returned in accordance with the Return Procedures below, your sole and exclusive remedy is that we will issue you a refund in the amount charged for the applicable Product; provided that the refunded amount will not include the applicable Delivery Fees, which are nonrefundable.
ii. Damaged Products: If the Product arrives damaged (“Damaged Product”), it may be exchanged for a replacement (“Replacement Product”), or we will accept returns for a full refund only in accordance with the Return Procedures below. Provided that we confirm that your Product was a Damaged Product and was returned in accordance with the Return Procedures below, your sole and exclusive remedies are that we will, at our option: (1) send you a Replacement Product; (2) issue a refund to your credit card in the amount charged for the Damaged Product (if your credit card has already been charged for the Product), provided that the refunded amount will not include the applicable Delivery Fees, which are nonrefundable; or (3) we will not charge your credit card for the Damaged Product.
iii. “Return Procedures”: We offer our customers the option to return Products within sixty (60) days after the Product shipment date excluding certain Products that may not be returnable (e.g., final sale Products). All returned Products must be unused and returned in accordance with the instructions received from contacting customer support at [email protected]. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you and no refund will be issued.
III. LIMITED WARRANTIES, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. Limited Warranties
THE SERVICES, THE SITE, ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS AND SERVICES (EXCEPT AS EXPRESSLY SET FORTH HEREIN) ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO ANY PRODUCT OR SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM RELIANCE UPON THE SITE OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICES; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICES. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES.
B. Limitation of Liability
USE OF OUR SERVICES, THE SITE, AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICES, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICES, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR THREE (3) MONTHS HEREUNDER.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICES OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS OR APPLICABLE LAW OR YOUR USER CONTENT.
IV. REPORTING COPYRIGHT AND OTHER IP VIOLATIONS
We respect other people's rights, and expect you to do the same. If you believe that any Content or other material on the Service infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below, in conformance with the Digital Millennium Copyright Act of 1998 (“DMCA”):
The above information must be submitted to our Copyright Agent at the following address:
Orchard Yarn and Thread Company Inc.
Attention: Copyright Agent
125 Chubb Avenue
Lyndhurst, NJ 07071
Tel: (201) 804-3999
Email: [email protected]
If we are notified that any Content infringes another’s intellectual property rights, we may remove such User Content pursuant to the DMCA. In accordance with the DMCA, we have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing Content in violation of these Terms once or on a repeated basis.
V. TERM AND TERMINATION
These Terms will become effective and binding when you use the Site, Services or the Products, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Services at any time without notice. You may request that we delete your Account at any time, for any reason by emailing us at [email protected]. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your covenants and obligations stated in these Terms.
A. Jurisdiction and Venue; Mandatory Arbitration
These Terms shall be governed by the laws of the State of New York without giving effect to any conflict of principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy that arises out of or relates to these Terms or the Site, Services or Product (a “Claim”) shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be New York, NY. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing arbitration provision, we may: (i) seek injunctive relief in any court having jurisdiction to protect our intellectual property or confidential or proprietary information, or (ii) seek recovery of monies owed to us for Products or Services in any court having jurisdiction. You agree that any arbitration of any claim or cause of action related to the Site, the Services, the Products and/or these Terms must be initiated within one (1) year after such claim or cause of action arose or be forever barred.
B. Modifications to Terms; Additional Terms
C. Modifications to Services
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Services. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth herein.
D. Miscellaneous Terms
You shall comply with all laws, rules and regulations that apply to your use of the Site, the Services and the Products. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
If you have any questions about the Site and applicable terms, conditions and policies, please contact [email protected].