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All rights
to MARIARTE's software, text,
images, patterns and advertising banners
and documentation are reserved to MARIARTE
and or EUROSCAN & PARTNERS.
Redistribution, with or without
modification, is NOT permitted.
Neither name of MARIARTE nor the names
of its contributors may be used
to endorse or promote products derived
from this website without specific prior
written permission by MARIARTE and/or
its contributors.
- MARIARTE
service (the "Service") and its
affiliate sites and/or members (the
"Sites") are accessible worldwide
to anyone with Internet access.
Access to and use of the Service
and the Sites are subject to the
terms and conditions of this User
Agreement and Copyright Notice and
all applicable laws and regulations,
including laws and regulations governing
copyright and trademark. BY ACCESSING
THE SERVICE AND THE SITES, YOU ACCEPT,
WITHOUT LIMITATION OR QUALIFICATION,
ALL OF THE TERMS AND CONDITIONS
IN THIS USER AGREEMENT. MARIARTE
and its affiliates reserve the right
to change these terms and conditions
at any time. The changes will appear
on this screen. By using the Service
and the Sites, you agree in advance
to accept any changes.
If you would like help understanding
any of our policies, we urge you
to contact us via our contact form
in the website for clarification.
- The materials
used and displayed on the Service
and the Sites, including but not
limited to text, software, photographs,
graphics, illustrations and artwork,
video, music and sound, and names,
logos, trademarks and service marks,
are the property of MARIARTE or
its affiliates or licensors and
are protected by copyright, trademark
and other laws. Any such content
may be displayed solely for your
personal, non-commercial use. You
agree not to modify, reproduce,
retransmit, distribute, disseminate,
sell, publish, broadcast or circulate
any such material without the written
permission of MARIARTE or the appropriate
affiliate.
- The Service
and the Sites contain information,
facts and opinions from various
individuals and organizations. The
Service and the Sites are provided
on an "as is" basis without warranties
of any kind, either express or implied,
including but not limited to warranties
of title or implied warranties of
merchantability or fitness for a
particular purpose, other than those
warranties which are imposed by
and incapable of exclusion, restriction
or modification under the laws applicable
to this agreement. neither MARIARTE
nor its affiliates endorse or are
responsible for the accuracy or
reliability of any opinion, advice
or statement on the service or the
sites.
- The Service
and the Sites include bulletin boards,
chat rooms and other user and member
created pages which allow you and
other users and members to post
information, provide feedback to
MARIARTE and its affiliates, and
interact in real-time. You agree
not to post or transmit any unlawful,
harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane,
hateful, racially, ethnically or
otherwise objectionable material
of any kind, including, but not
limited to, any material which encourages
conduct that would constitute a
criminal offense, violate the rights
of others, or otherwise violate
any applicable local, state, national
or international law. You will be
responsible for, and indemnify and
hold harmless MARIARTE, its subsidiaries,
divisions, affiliates, agents and
representatives against, any claim
arising from any material that you
post or transmit. Although MARIARTE
and its affiliates may from time
to time monitor or review discussions,
chats, postings, transmissions,
bulletin boards and other user and
member generated pages on the Site,
neither MARIARTE nor its affiliates
is under any obligation to do so.
You acknowledge that MARIARTE and
its affiliates do not control the
information available on the bulletin
boards, chat rooms and other user
and member generated pages and that
any opinions, advice, statements,
services, offers or other information
or content presented or disseminated
on any bulletin board, chat room
or on any other user or member generated
pages are those of their respective
authors who are solely liable for
their content. MARIARTE and its
affiliates reserve the right, in
their sole discretion, to edit,
refuse to post or remove any material
submitted to or posted on the chat
rooms, bulletin boards or on any
other user or member generated pages.
- Users
are allowed to post own, self-made
images that are related to Arts
& Crafts. The user, and copy write-owner,
hereby allows Mariarte to publish
any uploaded image. It is strictly
forbidden to upload images that
in any way contains pornography
or other information that, in any
way, can be interpreted as
offensive, such as racism and other
criminal content. Users that break
these rules are immediately banned
from the site.
By submitting
content to this Web site (i.e. pictures
or text), you accept all liability
for the effective material.
We will not be responsible for material
designed to harm or defame other
individuals--either directly or
indirectly, mentally or physically.
You must
be the legal copyright holder of
all material you submit to this
site. If you're not the copyright
holder, you must a) have permission
from the copyright holder granting
you the right to post the effective
material on our site or b) the material
must be in public domain.
All material
must coincide with community standards
and be in "good taste." This
is a public Web site accessible
to all audiences and we must therefore
make the material both appealing
and acceptable to everyone.
For example, material that is pornographic
or considered of adult nature is
strictly prohibited. Also
prohibited is material considered
"borderline" or "questionable" deemed
at our discretion.
By posting
material, you accept and acknowledge
that other people have access to
your pictures, text and other content,
where applicable. Again, this
is a public Web site. Please
be careful in deciding what pictures
you upload and how much information
you provide within the photo captions,
etc.
The information
you provide with your photos must
be appropriate and conform to what
the photo illustrates. Photo
captions and keywords that don't
represent your photo(s) appropriately
will be modified. If we feel
your act was intentional and/or
more than one instance has been
found (i.e. captions or keywords
designed to market a 3rd party product
or service--effectively "spamming"),
we may terminate your user account.
You may
only upload photographic images.
Our system is designed to prevent
executable files from uploading
on our site that could potentially
be infected by malicious computer
viruses. Currently, the following
photo formats are allowed at MARIARTE:
GIF, JPEG, TIFF, and BMP.
Other picture-based file formats
may be allowed by request by contacting
us using the contact form
in the website.
At this
time, our system does not have a
set limit to the amount of photos
you can upload. This means
you can upload as many photos as
you'd like, so long as enough storage
space exists on our system.
We reserve the right to set storage
limits in the future to give all
users equal photo-sharing opportunity,
should the need exist.
Any and
all content you upload is considered
strictly voluntary. Although
we encourage people to submit their
photos to expand the overall possibilities
and user satisfaction in relation
to our service, it's your say whether
or not you decide to upload your
pictures. Some restrictions
may apply, see above for details.
We respect
copyright on all user submitted
material. We have no intentions
to claim your material as our own,
but we reserve the right to use
your submissions for marketing purposes
(i.e. promoting our service).
If we use your photo, we will give
you full credit--provided you left
us with valid information during
the registration process and provided
copyright information in the photo
caption.
If ownership
of this site is transferred to another
party or individual, your material
will be held under the responsibility
of the effective entity involved
in the transfer. It will be
safeguarded under the legal policies
stated within this document.
We reserve
the right to assign or create alternate
categories for photos submitted
through the submission system.
This is for improved suitability
and uniformity purposes.
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MANIPULATING
USER SUBMITTED IMAGES
We reserve
the right to modify or delete any
and all user submissions.
As a professional service-oriented
initiative, we strive to have all
of our resources of the highest
quality possible.
We may "clean up" photos using state-of-the-art
software and remove moiré, dust,
scratches, blurs, lighting discrepancies,
red eye, etc.
We may crop or redimension your
photos for purposes of uniformity
or appearance.
If any
submission happens to be of a file
format uncommon to our accepted
file formats (see above), we may
save your photo in another format
for reasons of uniformity
If we hold
that any of your photos are too
large in terms of file size, we
may compress your image to create
more space on our system.
We may
edit or delete photos if we feel
they are inappropriate in regard
to accepted community standards
or if they defy the MARIARTE.NET
service initiative as reflected
within this document.
- This regulations
includes MARIARTE's and public Showrooms,
as well as other interactive areas,
including bulletin boards. By using
any forum or interactive areas,
you agree not to do any of the following:
Upload to, distribute or otherwise
publish through this Showroom any
photograph, image, graphic, message,
data, information, text or other
material ("Content") that is unlawful,
libelous, defamatory, obscene, pornographic,
indecent, lewd, harassing, threatening,
harmful, invasive of privacy or
publicity rights, abusive, inflammatory,
fraudulent, deceptive, misleading,
contains nudity or is otherwise
objectionable;
Upload to, distribute or otherwise
publish through this Showroom any
Content that would convey expressions
of bigotry, prejudice, racism, hatred
or profanity;
Upload to, distribute or otherwise
publish through this Showroom any
Content that would constitute, assist
or encourage a criminal offense,
violate the rights of any party,
or that would otherwise create liability
or violate any local, state, national,
or international law;
Upload to, distribute or otherwise
publish through this Showroom any
Content that may infringe any patent,
trademark, trade secret, copyright
or other intellectual or proprietary
right of any party, or any Content
that you do not have the lawful
right to distribute and reproduce;
Upload to, distribute or otherwise
publish through this Showroom any
Content that may contain any viruses,
Trojan horses, worms, time bombs,
cancelbots or other computer programming
routines that are intended to damage,
detrimentally interfere with, surreptitiously
intercept or expropriate any system,
data or personal information;
Impersonate any person or entity
or otherwise misrepresent your affiliation
with a person or entity.
MARIARTE takes no responsibility
and assumes no liability for any
Content posted or uploaded by you
or for any mistakes, defamation,
slander, libel, omissions, falsehoods,
obscenity, pornography or profanity
you may encounter. As a provider
of interactive services, MARIARTE
is not liable for any statements,
representations or Content provided
by its users in any Showroom or
other public forum or interactive
area on MARIARTE's website.
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MEMBERSHIP
Payment and subscription of membership
is to be done to our account at
PayPal ®. The subscription period
of membership is automatically renewed
unless the subscriber CANCEL the
SUBSCRIPTION before the period ends.
Subscriber can cancel the subscription
using the available CANCEL SUBSCRIPTION
button available in our website
or simply go to the subscriber's
own Paypal account and CANCEL the
subscription before the end of the
period and/or trial period.
Read PayPal's FAQ page
for detailed information about the
subscription process.
If an individual send the membership
fee two or more times, and let us
know about it within 15 days from
payment date, MARIARTE will refund
the amount of money exceeding the
fee for membership, otherwise the
exceeding amount will be used to
extend the period of time of membership.
Membership fee itself is not refundable.
- CROSS
STITCH GALLERY MEMBERSHIP
Membership at 'The
Cross Stitch Gallery give full access
to all the cross stitch patterns
galleries. The "Members Gallery"
contain patterns for direct
and unlimited download, and
the "Wish'Pattern Category" contain
cross stitch patterns that are not
yet ready for direct download and
must be requested using the 'request
form' provided in the website. Delivery
time for requested patterns is usually
1-3 weeks.
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TECHNICAL
PROBLEMS
While it is
our intention to provide a "problem
free" service to our users, some
issues may be beyond our direct
control (i.e. system crashes, electrical
failures, etc.). We are not
responsible for any damages in any
form whatsoever, either direct or
indirect while using this service.
We reserve
the right to delay or postpone our
service for backup or system upgrading
purposes.
We will
not be held responsible for content
or information lost during the content
submittal process (or any other
process involved while using our
service--directly or indirectly).
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AVAILABILITY
OF USER SUPPORT
Our E-mail
based support services are available
free of charge to all registered
members and non-members as well.
Support
is available on a "first come, first
served basis." In other
words, if you require service and
contact us with your issue(s) prior
to someone else does, we'll address
your problem first.
While it
is our intention to resolve all
issues on a timely basis, our support
representatives are limited and
we must prioritize user support
accordingly.
For expedited
answers to common questions, please
refer to our Help/ Frequently Asked
Questions section before requesting
personal support.
- ENFORCEMENT
MARIARTE has the right, but not
the obligation, to monitor any activity
and Content associated with MARIARTE's,
Showrooms, any public forums and
interactive areas, or any other
areas on MARIARTE's website. MARIARTE
may investigate a violation of its
terms and conditions of use of the
Showroom or its policies pursuant
to a complaint, or based upon its
own discovery (although MARIARTE
has no obligation to monitor MARIARTE's
website), and may take any action
that it deems appropriate. Such
action may include, but is not limited
to, issuing warnings, suspension
or termination of service, and/or
removal of posted Content. MARIARTE
reserves the right and has absolute
discretion, to remove, screen or
edit any Content that violates its
terms and conditions of use of the
Showroom or is otherwise objectionable.
MARIARTE also reserves the right
to report any activity that it suspects
violates any law or regulation to
appropriate law enforcement officials,
regulators, or other third parties.
To report a violation of MARIARTE's
terms and conditions of use of the
Showroom or its policies, please
contact us at
webmaster@mariarte.net.
In order to cooperate with governmental
requests, to protect MARIARTE's
systems or customers, or to ensure
the integrity and operation of MARIARTE's
business and systems, MARIARTE may
access and disclose any information
it considers necessary or appropriate,
including, without limitation, user
profile information (i.e. name,
e-mail address, etc.), IP addressing
and traffic information, usage history,
and posted Content. MARIARTE's right
to disclose any such non-confidential
or non-privileged information shall
govern over any terms of MARIARTE's
Privacy Policy.
- SHOWROOM
The MARIARTE's, Showrooms or other
public forums and interactive areas
on the Showroom act as the venue
for users to post their own Content,
including photographs. MARIARTE
does not and cannot review all Content
posted or uploaded to MARIARTE's
website, and is therefore not responsible
for this Content. You acknowledge
that by providing you with the ability
to distribute your Content on MARIARTE's
website, MARIARTE is merely acting
as a passive conduit for such distribution
and is not undertaking any obligation
or liability relating to any Content.
You may find other user's Content
to be offensive, harmful, inaccurate,
or deceptive. Please use caution
and common sense when using our
Site.
- LICENSE
You agree to grant to MARIARTE a
non-exclusive, worldwide, royalty-free,
perpetual license, with the right
to reproduce, distribute,
publicly display and publicly perform
any content you submit to the Showroom
by all means and in any media now
known or hereafter developed.
MARIARTE offers a variety of services
on MARIARTE's website, including
e-greetings and a number of other
products that can be personalized
by the user with photo images selected
from MARIARTE's stock photos, from
members' own showrooms, as well
as from other members' albums that
are accessible to such member or
on any public portion of MARIARTE's
website. The license granted by
you to MARIARTE expressly includes
MARIARTE's right to offer these
services without compensating you
for any use that is made of your
photo images.
You agree that you shall have no
recourse against MARIARTE for any
alleged or actual infringement or
misappropriation of any proprietary
right in any Content you submit
to us.
- YOUR INDEMNIFICATION
AND RELEASE
You shall remain solely liable for
the Content you upload or transmit
to MARIARTE, including the MARIARTE's,
Showrooms or other public forums
and interactive areas on MARIARTE's
website. You agree to indemnify
and hold harmless MARIARTE from
any claim, action, demand, loss,
expense or damages (including attorneys'
fees) made or incurred by any third
party arising out of or relating
to your conduct, your violation
of these terms and conditions, or
your violation of any rights of
a third party. In the event that
you have a dispute with one or more
users, you release MARIARTE (and
our officers, directors, agents,
subsidiaries and employees) from
claims, demands and damages (actual
and consequential) of every kind
and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed,
arising out of or in any way connected
with such disputes.
- COPYRIGHT
All right title and interest in
individual photographs posted on
the Showroom will remain the exclusive
property of the individual owner
of the applicable photograph, and
MARIARTE claims no copyright or
other proprietary right in these
works. However, MARIARTE does hold
a copyright interest in the entire
contents of the Showroom (in the
aggregate) as a collective work
under existing copyright laws. The
collective work includes works that
are licensed to MARIARTE. Copyright
2002, ALL RIGHTS RESERVED.
The collective work may also include
works that are the property of MARIARTE's
licensors, which are also protected
by copyright and other intellectual
property laws. Any redistribution,
retransmission, or publication of
any material or content on the Showroom
is strictly prohibited without the
express written consent of the copyright
owner. You further agree not to
modify or delete any proprietary
notices from materials downloaded
from MARIARTE's website.
If you believe that any Content
on the Showroom infringes on your
copyright, or otherwise violates
MARIARTE's terms and conditions
of use of the Showroom or its policies,
please visit here to file an official
notice of such potential infringement.
However, MARIARTE is not responsible
or in any manner liable for any
such potential or actual infringement.
- Links
to Third Party Sites.
The links throughout this Showroom
will let you leave MARIARTE's website.
These links are provided as a courtesy
only, and MARIARTE's websites they
link to are not under the control
of MARIARTE in any manner whatsoever.
Therefore, MARIARTE is in no manner
responsible for the contents of
any such linked Showroom or any
link contained within a linked site,
including any changes or updates
to such sites. MARIARTE is providing
these links merely as a convenience,
and the inclusion of any link does
not in any way imply or express
affiliation, endorsement or sponsorship
by MARIARTEof the Showroom and/or
any of its content therein.
- Disclaimer
THIS SHOWROOM AND THE MATERIALS,
PRODUCTS, AND SERVICES AVAILABLE
FROM THIS SHOWROOM ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, MARIARTE
DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. MARIARTE DOES
NOT REPRESENT OR WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SHOWROOM
WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SHOWROOM OR THE SERVER
THAT MAKES THE SHOWROOM AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MARIARTE DOES NOT MAKE
ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS
OR CONTENT IN THE SHOWROOM IN TERMS
OF THEIR CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE.
- Liability
MARIARTE SHALL NOT BE LIABLE FOR
ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE MATERIALS,
SERVICES OR CONTENT ON MARIARTE
, OR THE PERFORMANCE OF ANY PRODUCTS
YOU MAY PURCHASE ON OR THROUGHOUT
MARIARTE, EVEN IF MARIARTE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. MARIARTE WILL NOT BE LIABLE
FOR THE CONSEQUENCES OF ANY INTERRUPTIONS,
ERRORS, OR LOSS OF ANY DATA.
- Termination
Notwithstanding any of these Showroom
Terms, MARIARTE reserves the right,
without notice and in its sole discretion,
to terminate your license to use
MARIARTE's website, and to block
or prevent future access to and
use of MARIARTE's website.
- Your use
of the Service and the Sites is
at your own risk.
NEITHER
MARIARTE, NOR EUROSCAN & PARTNERS
NOR ANY OF ITS SUBSIDIARIES, DIVISIONS,
AFFILIATES, AGENTS, REPRESENTATIVES
OR LICENSORS SHALL BE LIABLE TO
YOU OR ANYONE ELSE FOR ANY LOSS
OR INJURY OR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR SIMILAR DAMAGES ARISING
OUT OF YOUR ACCESS OR USE OF, OR
YOUR INABILITY TO ACCESS OR USE,
THE SERVICE AND THE SITES AND THE
INFORMATION AVAILABLE ON THE SERVICE
AND THE SITES OR ARISING OUT OF
ANY ACTION TAKEN IN RESPONSE TO
OR AS A RESULT OF ANY INFORMATION
AVAILABLE ON THE SERVICE AND THE
SITES. YOU HEREBY WAIVE ANY AND
ALL CLAIMS AGAINST MARIARTE, OR
EUROSCAN & PARTNERS AND ITS SUBSIDIARIES,
DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES
AND LICENSORS ARISING OUT OF YOUR
USE OF THE SERVICE AND THE SITES
AND THE INFORMATION AVAILABLE THEREON.
THIS SOFTWARE, EMBROIDERY PATTERNS,
IS PROVIDED BY THE COPYRIGHT HOLDERS
AND CONTRIBUTORS "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL
THE REGENTS OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
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This
User Agreement and any disputes
arising out of or related to the
Service and the Sites shall be governed
by, and construed and enforced in
accordance with, the laws of Sweden.
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