• Content and Warranty Disclaimer
• Copyright and Software License Disclaimer
• Local Laws; Export Control
• Personal Information that You Provide the Stitchery Mall
• Mailing Lists
• Spam Policy
• Credit Card Privacy
• Placing Your Order
• Prices
• Tax Policy
• Payment Terms
• Payment Policy
• After You Place Your Order
• Returns and Refunds
• Responsibility
• General

Content and Warranty Disclaimer

The information, software, products and services (the "Materials") contained on this Website were provided by or to the Stitchery Mall by their respective manufacturers, authors, digitizers, and vendors (collectively, the "Providers" of the Materials) and have not been authenticated in whole or in part by the Stitchery Mall. This Website may be linked to other websites which are not maintained by the Stitchery Mall. The Stitchery Mall is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by the Stitchery Mall of those sites.

EXCEPT AS SET FORTH IN THE APPLICABLE END USER LICENSE, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS". THE STITCHERY MALL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OR SUITABILITY OF THE MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE STITCHERY MALL MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF THE RESPECTIVE MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

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Copyright and Software License Disclaimer

The digitized embroidery designs and graphics are the intellectual property of the Providers or are created with the permission of their owners and are protected under Federal Copyright Law & International Treaties. The designs and graphics may not be sold, duplicated or shared, either in part or in whole, and may NOT be put up for display, for sale or be included on any type of media for free or for resale or distribution including on any other web site or published or promoted in any way without the written permission of the Provider, either in part or in whole.

Any Materials that are made available to download from the Website are the copyrighted work of the Providers. Use of the Materials are governed by the terms of the end user license or copyright agreement which accompanies or is included with the Materials. Designs purchased and/or downloaded from the Stitchery Mall may be stitched on items for personal use, as gifts or on items for resale by the original purchaser only.

Except as set forth in the applicable end user license or copyright agreement, any further copying, reproduction or redistribution of the Materials is expressly prohibited. Nothing on this Website shall be construed as conferring any license under any of the Provider's intellectual property rights, whether by estoppel, implication, or otherwise, except as expressly stated.

Designs may be tagged in such a way as to enable the Stitchery Mall and/or our digitizers to ascertain the account information of the person who originally downloaded the designs independently of the presence or wording of color change, information, or copyright files.  We will only look up this information for designs which have been found posted to public places in violation of our Copyright Policy.

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Local Laws; Export Control

The Stitchery Mall controls and operates this Website from the United States. The Stitchery Mall makes no representation that the Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries.

All commodities, technology, and software are exported from the United States in accordance with the Export Administration Regulations. Diversion of such commodities, technology, and software contrary to U.S. law is prohibited. You agree and certify that none of the commodities, technology, or software, nor any direct product therefrom, are being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor will be used for purposes prohibited by U.S. export laws. Proscribed countries are set forth in the Export Administration Regulations. Countries currently subject to U.S. embargo are: Burma (Myanmar), Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List nor on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility to obtain licenses to export, reexport, or import as may be required.

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Personal Information that You Provide the Stitchery Mall
The Stitchery Mall is committed to respecting your privacy. If you would like to read more about our commitment to your privacy, please see our Online Privacy Policy.

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The Stitchery Mall runs various mailing lists, including the Mall Announcements list. By confirming your subscription to the Mall Announcements list you are giving the Stitchery Mall, along with each and every one of our digitizers (as that list may change from time to time) your affirmative, prior, direct permission to email you advertisements of designs offered for sale at the Stitchery Mall via the Mall Announcements list.

Further, by confirming your subscription to the Mall Announcements list, you agree that you waive any and all potential causes of action under any "anti-spam" legislation for your locality against Whizardries, Inc., the Stitchery Mall, and/or our digitizers which may arise from postings to the Mall Announcements list.

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Credit Card Privacy

The Stitchery Mall does not retain or store your credit card information beyond completion of your transaction.

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Placing Your Order & Payment

You may place your order online using our secure server which uses Secure Sockets Layer (SSL) technology to encrypt your order and safeguard your information. If your browser does not support SSL and if you prefer to purchase by another means, you may order by phone. We accept orders from all addresses except where export restrictions do not permit (see "Export Control" above). All orders are for download or delivery.

The Stitchery Mall retains the right to sell or to decline to sell to any Customer for any reason whatsoever which in its judgment is deemed sufficient.

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Prices

Prices quoted on the product pages of the Web site are subject to change and do NOT include taxes, shipping and handling, or duty/customs fees. All prices are stated in US dollars.

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Tax Policy

The Stitchery Mall will collect state sales taxes from Texas residents. Use/duty/customs fees are determined by the state or country in which you live. You will be responsible for the payment of all taxes and duties of any nature if you are using this Website from outside of the State of Texas.

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Payment Terms

You may pay with check, money order, Visa, MasterCard, or Discover. If you license a physical product, your credit card will be charged when the product is shipped. If you download a product, your credit card will be charged immediately. If you choose to pay by means of check or money order, you will be able to download the product only after your payment has cleared.

You may also pay by check, money order, or purchase order. In this case, we will wait for receipt of your payment or purchase order before either shipping your package or enabling you to complete a download.

If your payment is returned for insufficient funds, you will be required to pay all bank fees and any collection and/or legal fees required to collect the full amount.

Payments returned for 'stop-payment' or 'closed account' or credit card 'charge-back' will be considered fraud, and you will be prosecuted to the fullest extent allowed by law.

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Payment Policy

The Stitchery Mall is using both Paypal and Authorize.Net to transmit data necessary for authorizing and executing credit card transactions between the Stitchery Mall and you, and between the Stitchery Mall and your credit card processor. Paypal, Authorize.Net and the Stitchery Mall are not financial institutions, and only provide transport and communications services. You agree to address questions about your credit card transaction to your financial institution or the Stitchery Mall, and not to Paypal or Authorize.Net. To contact the Stitchery Mall, please e-mail sales@stitcherymall.com.

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After You Place Your Order

If you place your order online, you will be sent an e-mail acknowledgment to confirm that we are processing your order. For credit card orders, the message will contain the details of your order including the total amount that will be billed to your credit card. This amount may include tax, shipping and handling, and a freight surcharge. This message will be the receipt for your purchase.

When purchasing with a check, money order, or purchase order, you will still get an e-mail confirmation within one business day. It will confirm all your order details but will also include directions letting you know where to send your payment or purchase order. Once your payment or purchase order is received and approved, you will receive another e-mail confirming your order has been shipped or is ready to download.

If you have not received an e-mail order confirmation within one business day, please e-mail sales@stitcherymall.com.

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Returns and Refunds

The Materials you download from the Stitchery Mall are software programs, and by their nature they cannot be returned to us. We will not issue refunds. Our goal, though, is your satisfaction and we will work with you and the Providers to arrive at an outcome that is satisfactory to everyone involved.

No exchanges will be made for Materials downloaded after thirty (30) days from the date the Materials were downloaded.

If we approve an exchange, you must delete from your computer(s) all existing copies of the Materials, and you may be requested to certify in writing that all such copies were deleted and/or destroyed. We reserve the right to withhold new copies until that certification has been recieved.

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Responsibility

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND WILL NOT MAKE A CLAIM AGAINST THE STITCHERY MALL FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF THIS WEBSITE. YOU AGREE TO HOLD THE STITCHERY MALL HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE STITCHERY MALL, FOR ANY CLAIMS BASED ON USING THIS WEBSITE.

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General

No part of this Website may be reproduced without the written permission of the Stitchery Mall. Any actions related to these Policies or to transactions made through this site will be governed by Texas Law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. Except as set forth in the applicable end user license agreement, these Policies represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional, communications. The Stitchery Mall can revise these Policies at any time by updating this posting.