Website Terms 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.
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.
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.
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.
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.
"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.
"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.
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.
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.
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.
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.
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.
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.
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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