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Terms of Use

Terms of Use:
This terms and conditions agreement (agreement) contains the terms and conditions for use of the Needlework Attic website (Site) provided by Needlework Attic, Inc. (Needlework Attic). In this agreement the term "We" means Needlework Attic and "you" means User of our site. You cannot use the site unless you agree to all of the terms and conditions stated herein as amended from time to time by Needlework Attic.

General:
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. Site contents: The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site or your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a results o any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Copyright 2001-2005 Needlework Attic, Inc. All rights reserved.
This Site and the contents of the Site are intended for your personal, noncommercial use. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clops, graphics, illustrations, images, logos, and music and sound (collectively, the "Site Content"). This Site is protected by copyright as a collective work, pursuant to U.S. copyright, international conventions, and other copyright laws. Needlework Attic and third party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer of sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part. You may download or copy one copy of the Site Content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend copyright notice, or other proprietary notices shall be made. Downloading or copying Site Content for other than personal, noncommercial use is expressly prohibited without our prior written permission or that of any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Notwithstanding the foregoing, you may not download or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks without our written consent. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.

Member Sign-In:
In order to better utilize the Site and for value-added service, we encourage you to become a member of the Site ("Member"). If and when you decide to become a Member, you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current, and complete, and (3) comply with these Terms of Use. You may review, correct, change, or update your membership information by visiting the Your Account section of the Site, or by e-mailing Customer Support at customerservice@needleworkattic.com. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership. As part of the membership sign-in process, you will be asked to select a Member Name and password. You may not choose a Member Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Member Name in our sole discretion. You agree not to transfer or resell your use of or access to the Site or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, Member Name, or password. If you have reason to believe that you password is no longer secure, you must promptly change your password by updating your member information, and immediately notify us by emailing us at customerservice@needleworkattic.com.
Your are solely responsible for maintaining the confidentiality of your Member Name and password for any and all activities (including purchases) that are conducted through your account.

Site Conduct:
This Site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit, or otherwise make available information, opinions, ideas, images or other content on the Site. You may not post or transmit any material or content on the Site that violates or infringes in any way upon the rights of others or solicits, encourages, or promotes the use of illegal substances or activities, which in unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, give rise to civil or criminal liability or otherwise violates any local, state, or federal law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of "hacking", "cracking", "spoofing", or defacing any portion of the Site. You may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with us and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials, chain letters, mass mailings, spam mail, material protected by copyright, trademark, or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure endorsed by us, without our prior written consent. Additionally, you may not harvest or collect information about Site visitors or Members without their express consent. (Information, including personally identifiable information, which is posted on the Share section of the Site will be accessible to other Members participating in Share. Making this information available on the Site may result in a Member receiving "spam" on unsolicited email. Members are encouraged to use discretion when disclosing personally identifiable information online.)

Needlework Attic's communications to you:
You agree that Needlework Attic may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Needlework Attic's products of services, or for such other purpose(s), as Needlework Attic deems appropriate.

Colors:
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that you monitorŐs display of any color will be accurate.

Links to other web sites and services:
To the extent that this Site contains links to outside services and resources, the availability and content of which Needlework Attic does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. This site may contain links to other websites. If you link to another website, you will leave the Site and this Policy will not apply to your use of, and activities on, those other websites. We encourage you to read the legal notices posted on those other websites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those websites. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from this Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the products, contents, advertising, or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

Third Party Content:
The Site contains content supplied by parties other than us. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties including information providers, are those of the respective author(s) or distributor(s) and not of us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Your use of certain services on the Site may be governed by additional rules, which shall be available on the Site. By using any service you acknowledge that you have reviewed all corresponding rules and agree to be bound by them.

**DISCLAIMER:
This site and the related services are provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that The Needlework Attic shall not be liable for any damages of any kind related to your use of this site. You specifically acknowledge that Needlework Attic, Inc., its affiliates, suppliers, advertisers, sponsors, third party service providers, and their respective employees, officers, directors, and agents, shall not be responsible or liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages or injury arising from the use or inability to use the site or out of breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the site, whether for breach of contract, tortious behavior, negligence, or under any other cause of action even if the Needlework Attic or such party has been advised of the possibility of such damages. Needlework Attic neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the sire, nor for any offensive, defamatory, or obscene posting made on the site by anyone. Under no circumstances will Needlework Attic be liable for any loss or damage caused by your use or reliance on information obtained through the content and/or any postings on the site.

Indemnification:
You agree to defend, indemnify and hold harmless Needlework Attic, Inc, its third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all from and against any and all claims, damages, losses, costs and expenses, including attorney's fees, out of a breach of these Terms of Use by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at its
own cost. You shall not settle a claim that affects us without our prior written approval.

Termination:
This Agreement is effective unless and until terminated by either you or Needlework Attic. You may terminate this Agreement at any time. Needlework Attic may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Needlework Attic's sole discretion you fail to comply with any term of provision of this Agreement. Upon any termination of this Agreement by either you or
Needlework Attic, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Security:
We take reasonable precautions to safeguard information transmitted between visitors and the Site and information stored on our servers. We use Secured Socket Layers encryption for the transmission of data to our servers during member sign-in and order checkout. Despite these efforts, however, we may be unable to prevent and shall not be responsible for unauthorized access to such information by third parties.

User comments, feedback, and other submissions:
Please note that, because we host Share and other forums on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, perpetual, sub-licensable, irrevocable, assignable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, digitally perform, publicly perform and display any content, material and/or your name posted on the Site (collectively, the "Material"), (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation or prior approval by you. By submitting or sending Material to the Site, you represent and warrant that (1) the Material is original to you, (2) no other party has any rights to the material, and (3) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material. You also warrant that any "moral rights" in posted materials have been waived. All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Needlework Attic on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Needlework Attic's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Needlework Attic of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Needlework Attic will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Needlework Attic is and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay to user any compensation for any Comments, (3) or to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Needlework Attic may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site promotions and/or requesting promotional information or product updates, you agree that Needlework Attic may use your information for marketing and promotional purposes.

Product information:
The prices displayed at the Site are quoted in U.S. dollars and are valid and effective only in the United States.

Miscellaneous:
This Agreement shall be construed in accordance with the laws of the State of Maryland, without regard to any conflict of law provisions. You agree that any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Maryland, or the County of Montgomery. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver or any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Permissions:
If you are interested in reproducing any Site Content, you will need our permission, which me may approve or deny in our sole discretion. Please send your request to: webmaster@needleworkattic.com

Linking to Our Site:
If you are interested in Linking to our Site from your site, please email your request, which we may approve or deny in our sole discretion, to webmaster@needleworkattic.com.

Notice: Some areas of this website are not working properly. Please contact us at the phone number above or at customerservice@needleworkattic.com if you are having difficulties. We will be glad to help you.
We gratefully appreciate all suggestions on how to improve our website to help serve you.

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© 2001-2005 Needlework Attic Inc.