Website Terms of Use

Conditions of Use

Hello and welcome to our website. On behalf of all of us at Buzz Tools, Inc. (referred to as "Buzz Tools," "we," or "us" herein), thank you for your interest in our products.

The following are the terms of a legal agreement ("Agreement") between you and Buzz Tools. By accessing, browsing, and/or using this website ("Site"), you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use this Site.

Buzz Tools reserves the right to change, modify, add or remove portions of this Agreement at any time. Please check these terms periodically for changes. You agree that each time you visit our Site, you shall be subject to and bound by the current terms of this Agreement.

This Site is operated by Buzz Tools from its offices within the State of California, United States of America. Buzz Tools makes no representations that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local and national laws.

In the event that you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), are licensed to you by Buzz Tools. Buzz Tools does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Buzz Tools retains full and complete title to the Software itself, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

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Ownership

This Site is owned and operated by Buzz Tools, and, unless otherwise noted, Buzz Tools owns the Copyright in all materials provided here. No material from this Site may be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of Buzz Tools’ copyright and/or other proprietary rights. The use of any materials from this Site on any other website or networked computer environment is prohibited unless permission is obtained in writing from Buzz Tools. The Site itself, including all textual and graphic content, is Copyrighted ©2000 by Buzz Tools, Inc., with all rights reserved.

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Single Copy License

You may download one copy of the information contained in this website (the "Materials") on a single computer for your personal, non-commercial internal use only. This is a revocable license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the Materials; (c) remove any copyright, trademark registration, or other proprietary notices from the Materials; or (d) transfer the Materials to another person.

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Trademarks

The trademarks and service marks ("Trademarks") used or displayed on this Site are registered and unregistered trademarks of Buzz Tools, unless otherwise noted. Nothing in this Site should be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the Site without the express written permission of Buzz Tools or the trademark owner. The name "Buzz Tools, Inc." or "Buzz Tools" or any of Buzz Tools’ logos may not be used in any way without Buzz Tools’ prior written consent.

    Baby Lock is a registered trademark of Baby Lock USA
    Bernina is a registered trademark of Fritz Gegauf AG, BERNINA Sewing Machines
    Brother is a registered trademark of Brother® International
    Microsoft, Windows are registered trademark of Microsoft Corp.
    Hoop-it-all is a trademark of Hoop-it-All Corp.

Other products and company names mentioned herein may be the trademarks of their respective owners.

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Linking

You may use Buzz Tools’ logo as the prompt for "hot" links from other websites to this Site, provided that any such hot link explicitly is conditioned on the user’s understanding and agreement that entry into this Site, in every instance, is subject to all the terms and conditions of this Agreement.

Any linking to this Site must in each instance be directed to the "home page" or entry portal page of this Site. In no instance is linking permitted directly to locations embedded within this Site.

Buzz Tools disclaims and forever waives any and all responsibility for the contents of any site hot linked to this Site, and assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or any linked site or any downloading of a linked site.

Buzz Tools reserves the right to revoke this limited license to use Buzz Tools’ logo for purposes of hot linking to this Site and may revoke any authority to link to this Site at any time and under any conditions deemed appropriate by Buzz Tools, in its sole discretion. In the event of such revocation, the linking party shall remove the hypertext link to the Site with three (3) days of such revocation. Any such revocation shall be effective upon dispatch by Buzz Tools.

The indemnity provisions set forth below apply in full measure to any linked site, and any person or entity linking to this Site shall indemnify and hold harmless Buzz Tools from any claim arising from or relating to the linked site.

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Forum

"Forum" means an on-line forum or e-mail function offered as part of this Site. It is our policy to respect the privacy of all visitors. Therefore, we will not monitor, edit, or disclose the contents of a visitor’s e-mail unless required in the course of normal maintenance of this Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Buzz Tools; (2) protect and defend the rights or property of Buzz Tools; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.

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Design Sharing Pages

"Sharing Pages" mean the on-line design pages offered as part of this Site. Contributors to the Sharing Pages shall remain solely responsible for ensuring that the designs they contribute for inclusion to the Buzz Tools Sharing pages are not the copyrighted material of any other party.

Please be advised that Buzz Tools does not scrutinize or review, in any manner or form, designs that are posted on the Sharing Pages and neither claims nor warrants that designs found on the Sharing Pages are original or the property of the party making the submission. If an issue of copyright infringement is brought to Buzz Tools attention, however, Buzz Tools will not post and will remove without warning, any material that is identified as copyrighted by a party other than the contributor. Contributors shall remain solely responsible for any copyright infringement that may occur as a result of their contributions.

By downloading designs from the design sharing pages, you acknowledge that the rights to the designs themselves remain with the individual contributors and that you may not transfer the designs to another party without first getting the written permission of the contributor nor shall you sell them in any form. Buying, selling, trading or transferring copies of these designs is in violation of copyright law. You may stitch any or all of the designs in any way your choose and you may keep, sell or give away the items that you yourself have sewn but you do not own the designs. Ownership of the designs remains with the contributor.

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Submissions

We appreciate hearing from our customers and welcome your comments regarding Buzz Tools’ products and this Site. Please be advised, however, that Buzz Tools’ company policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our service and products, please be specific in your comments regarding our services and products and do not submit creative ideas, inventions, suggestions or materials.

If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Information"), the Information shall be the property of Buzz Tools. None of the Information shall be subject to any obligation of confidence on the part of Buzz Tools, and Buzz Tools shall not be liable for any use or disclosure of any Information. Buzz Tools shall own exclusively all now known or later discovered rights to the Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Information.

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Disclaimer

This Site contains links to sites which are not maintained by Buzz Tools. While we try to include links only to those sites which are in good taste and safe for our visitors, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in this Site does not imply Buzz Tools’ endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk.

THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. BUZZ TOOLS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUZZ TOOLS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BUZZ TOOLS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

You specifically acknowledge that Buzz Tools is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and Buzz Tools reserves the right to remove such materials from this Site without liability.

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Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BUZZ TOOLS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF BUZZ TOOLS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BUZZ TOOLS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

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Termination

Buzz Tools may terminate this license at any time if, in Buzz Tools’ sole discretion and judgment, you fail to comply with any term or provision of this Agreement, Upon termination, you shall destroy any materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

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Contract Interpretation

This Agreement shall be governed by and construed in accordance with the laws of the State of California, irrespective of any applicable conflicts of law principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and Buzz Tools relating to the subject of this Site. You agree that no joint venture, partnership, employment or agency relationship exists between you and Buzz Tools as a result of this Agreement or use of this Site.

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Indemnity

You agree to defend, indemnify, and hold harmless Buzz Tools, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the materials or your breach of the terms of this Agreement. Buzz Tools shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in Buzz Tools’ discretion, in defending any such claim, suit or proceeding.

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Dispute Resolution

Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in California. You expressly waive and are estopped from asserting any right to pursue any claim against Buzz Tools relating to this Agreement in any forum or venue located outside of California. In the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in California, at Buzz Tools’ sole discretion. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Once again, thank you for your interest in Buzz Tools. We hope that you find this Site interesting and enjoyable.

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