Terms Of Use
The Following Describes The Terms On Which Inkleadandthread.com Offers You Access To Our Website.
Ink, Lead & Thread maintains this web site as an online art selling service. Access to this Web Site is subject to the terms and conditions set forth below. Your use of the Web Site signifies your acceptance of this agreement. If you do not agree to comply with this agreement, please do not use the Web Site.
Ink, Lead & Thread reserves the right to make changes in the programs, policies, products and services described in this Web Site at any time without notice. A user who uses, or makes decisions based on information contained in this Web Site does so at the user's own risk. By accessing this Web Site, the user agrees to hold Ink, Lead & Thread and its affiliates harmless against any claims for damages arising from any decisions that the user makes based on such information.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.
Please be aware that certain areas on Inkleadandthread.com may contain adult or mature content. You must be at least 18 years of age to access and view such areas.
Disclaimer
INFORMATION CONTAINED IN THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INKLEADANDTHREAD.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORIGINALARTONLINE.COM DISCLAIMS LIABILITY FOR AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE INTERPRETATION OR RESULTS OF THE USE OF MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Registration Obligations
In consideration of your use of Inkleadandthread.com, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or Inkleadandthread.com has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Inkleadandthread.com has the right to suspend or terminate your account and refuse any and all current or future use of Inkleadandthread.com.
Restrictions
This Web Site is owned and operated by Ink, Lead & Thread modification of any material from this Web Site or use for any other purpose is a violation of the Ink, Lead & Thread copyright and other proprietary rights. Use of any such material from this Web Site on any other web site or computer environment is prohibited.
You agree to not use Inkleadandthread.com to upload or post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You agree not to upload or post any content that infringes any patent, trademark, copyright or other proprietary rights of any party.
You acknowledge that Inkleadandthread.com does not pre-screen content, but that Inkleadandthread.com shall have the right, but not the obligation in their sole discretion to refuse or move any content that is uploaded or posted on Inkleadandthread.com. Inkleadandthread.com shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable.
Copyright / Trademark Compliance & Complaints
Inkleadandthread.com has full intellectual property rights to all works displayed on the website.
Limitation of Liability
Under no circumstances shall Ink, Lead & Thread be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, that result from the use of, or the inability to use, the materials on this Web Site, even if a Ink, Lead & Thread authorized representative has been advised of the possibility of such damages. As this Web Site is operated by Ink, Lead & Thread from within the United States of America. This agreement shall be governed by and enforced in accordance with the laws of the State Texas. If a court of competent jurisdiction finds any part of this agreement void or unenforceable, the remainder should be enforced and the court should use its authority to amend it in order to fulfill the stated purposes of this agreement to the fullest extent permitted by law.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Ink, Lead & Thread Attn: Legal Department 15926 Viney Creek Drive, Houston, Texas 77095 (in the case of Inkleadandthread.com) or to the email address you provide to Inkleadandthread.com during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Inkleadandthread.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and Inkleadandthread.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Inkleadandthread.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
1. Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Inkleadandthread.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
2. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the State of Texas or where the defendant is located (in our case Houston, Texas, and in your case your home address or principal place of business. You and Inkleadandthread.com agree to submit to the personal jurisdiction of the courts located within the State of Texas.
3. Alternative Dispute Resolution. Alternatively, Ink, Lead & Thread will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in the State of Texas or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Resolution of Disputes Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Copyright Notice
Copyright � 2011 by Ink, Lead & Thread. All the text, graphics, audio, design, software, and other works are the copyrighted works of Ink, Lead & Thread. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.
Ink, Lead & Thread
15926 Viney Creek DriveCindy Mayfield 281-814-0350 Jennifer Mitchell 210-849-7897