BY USING OR ACCESSING THIS WEBSITE, YOU ARE CONSIDERED A USER OF AND AGREE TO ACCEPT ALL APPLICABLE LAWS AND REGULATIONS.
This Terms and Conditions Agreement (“Agreement”) governs any Users’ use of Cotton & Cloud (“we”; “our”; “us”) Services or its Website, http://cottonandcloud.com/ (“Website” or “Site”), owned and operated by Kyoko Nakayoshi of the United Kingdom.
Users’ are accepting the Terms of this Agreement, by simply using the Website of Cotton & Cloud and any use of any subsidiaries or sub-domains, which shall indicate the Users’ acceptance or by completing any form that references this Agreement, the User is agreeing to the Terms defined within this Agreement. If for any reason a User doesn’t agree with any Terms of this Agreement, the User is required to log off the Website immediately.
Any User that represents a Company or as an Individual and has the authority as an entity, is stating they have full consent and authority from the Company to bind all Terms of this Agreement. The term “User” or “Users’”, shall refer to any individual or company representative who is representing the Users’ entity and its affiliates.
APPROPRIATE CONDUCT AND USE OF WEBSITE
Cotton & Cloud reserves the right to modify, reject or eliminate any material residing on or transmitted to its Website, this Agreement or any other policies that it, in its sole discretion, believes is unacceptable or is in violation of the law or these Terms. Users’ agree to be compliant when using Cotton & Cloud Website policies, including this Agreement with regards to all local, state, national, and international laws, rules and regulations, as well as any laws regarding the transmission of technical data exported from the Users’ country of residence.
No User shall use the Website for any fraudulent or inappropriate purposes and Users’ agree not to promote the unauthorized use of a third party or to encourage the unauthorized use of a third party to use any portion of the Website to transmit or upload any content that is against the law, abusive, unauthorized, harassing, obscene, slanderous, virus containing, or is otherwise distasteful as reasonably determined by Cotton & Cloud. Users’ agree not to resell, reproduce or take advantage of any part of our Website by robot, spider, other automated device, or manually to monitor or duplicate any content without our expressed written permission.
Cotton & Cloud reserves the right to seek all remedies available at law and in equity for violation of these Terms. We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary and appropriate. We may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information.
No harassment, discrimination, or abuse is tolerated within the Website. Any abuse complaints will be thoroughly investigated and may be reported to the individual User local authorities, and charges may be brought against that User both civilly and criminally. Cotton & Cloud cooperates fully with law enforcement and will provide any and all records requested within the law or by court order. Furthermore, if any of the above is conducted while using contact information obtained within the Website, we hold the right to restrict any User from access to our Website at any given time for such breach of Terms.
Users’ of this Website, agree not to do the following, but are not limited to only these conditions:
1. Engage in any type of activity that negatively affects the purpose or intention of the Website, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the services, in whole or in part, by, among other methods mentioned or not mentioned, subscribing another person or party without their authorization or registering multiple subscriptions under the same or different names; these activities include:
a. Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts.
b. Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way.
c. Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships. This includes any inside information or proprietary or confidential information.
d. Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; nor any unauthorized advertising or promotional materials. This includes junk mail, spam, chain letters or any other form of solicitation.
e. Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
f. Impersonate any person or entity, falsely state or otherwise misrepresent User affiliation with a person or entity.
g. Forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this Website.
2. Intentionally or unintentionally violate any applicable local, state, national or international law.
3. Agree that User will not harvest, collect or store information about the Users’ of this Website or the content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
Users’ acknowledge Cotton & Cloud is not responsible for material submitted or posted by its Users’. Users’ acknowledge and agree the content viewed, submitted or posted is at their own discretion and risk and the views expressed do not reflect the views of Cotton & Cloud or its staff. Cotton & Cloud does not support or endorse contributed content, whether or not it has been edited by Cotton & Cloud and we have the right, at our sole discretion, to refuse, reject, deny or remove any content, in whole or part, that does not comply with these Terms or any other policy we have posted or otherwise is undesirable, inappropriate or inaccurate.
Cotton & Cloud is not responsible for any failure, non-failure or delay in removing such content. Users’ will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any contribution to we make. Users’ agree to immediately notify us of any unauthorized use of the Website, its services or any other breach of security known or suspected.
USERS’ DATA PROTECTION
Cotton & Cloud shall maintain reasonable administrative, physical, and technical safeguard methods for protection of the security, confidentiality and integrity of all User Data. Cotton & Cloud will not modify, disclose (except as compelled by law), or access User data except to prevent technical problems, or at a Users’ request in connection with User support issues.
RESPONSIBILY OF USER
User shall be responsible for fulfilling the Terms of this Agreement and any other Policies on the Website. All Users’ are responsible for supplying us with accurate data at all times and modifying any User information immediately when changes occur, the quality of data entered by the User, and validity of data entered by the User, including the source of the data.
Users’ are required to conform to reasonable efforts not to enter or present any unauthorized access to or use of the Website at anytime, and agree to contact Cotton & Cloud via email at firstname.lastname@example.org when any such breach occurs. Furthermore, Users’ agree to only use the Website or any of its services in accordance with this Agreement and applicable laws and government regulations.
All Users’ agree not to conduct the following:
• sell, resell, rent or lease any content, marks, or services within the Website
• store, transmit infringing, libelous, unlawful, indirect material, or in violation of third-party privacy rights data
• store or transmit Malicious Codes
• interfere with the performance of the Website, services or any third-party data
• try to gain unauthorized access to the Website, user accounts unauthorized to access, services or any related systems
CONFIDENTIAL INFORMATION PROTECTION
Users’ shall use the same degree of reasonable care used to protect the confidentiality of its own confidential information and agrees not to use confidential information for any purposes outside the scope of this Agreement. Also Users’ agree to also not seek personal benefit or encourage third parties to benefit personally from any confidential information and not permit unauthorized use of any confidential information that can be found on the Website.
All Users’ agree to limit the exposure of confidential information to its affiliates’ employees, contractors and agents who require access for only purposes consistent with this Agreement and who have signed additional confidentiality agreements. Those additional confidentiality agreements need to be consistent with the Cotton & Cloud agreements and policies and be no less than those herein.
Disclose of confidential information by Cotton & Cloud to a receiving party may only be allowed when obligated by law to do so, and only when proper legal documentation of notice is presented. If at anytime the disclosing party wishes to contest the disclosure it will be at the disclosing party's full cost.
If the receiving party is compelled by law to disclose the disclosing party’s confidential information as part of an obligation to abide by any law or regulation, criminal action, or civil action and the disclosing party is a party of such action, and the disclosing party is not contesting the disclosure, the disclosing party will reimburse the receiving party reasonable costs for compiling and providing protected access to such confidential information.
We know how important it is for you to feel safe when shopping online. We take the privacy and security of your payment and personal details very seriously.
SECURITY OF PAYMENT PROCESS
Cotton & Cloud utilizes a Secure Sockets Layer (SSL) Certificate and Secure Sockets Layer (SSL) Technology to ensure each customer has a secure shopping environment.
SSL is an established industry standard encryption to ensure the privacy and dependability of payments made while using the Website and its payment process.
During the payment process, look for the small padlock logo on the lower right hand corner of the browser; additionally, the URL in the address bar will change from “http” to “https”. This ensures the payment process is carried out in a secure manner. Users may also click on the padlock logo to view and authenticate the SSL Certificate. However, if for any reason a User does not see the small padlock logo or the address bar does not change, stop the payment process immediately and contact Cotton & Cloud.
INTELLECTUAL PROPERTY RIGHTS
The patterns are generally for personal use only. All rights reserved. No part of Cotton & Cloud patterns may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the copyright owners.
All Users’ acknowledge Cotton & Cloud is the sole owner of all interest, rights, and title to its Website domain, Website exclusive design, its exclusive contents and contents design, HTML, database, back-end code, and its services, including without limitation exclusive rights to:
• Products and there names
• Patterns and there names
• Design marks
• Slogans which are trademarked
• Cotton & Cloud web content and/or quotes
All intellectual property rights are protected by International Intellectual Property Laws. Users’ shall not copy, alter, modify, or create plagiaristic works from the Website or its services. Users’ agree not to not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website or its services.
Users’ may only utilize patterns or any other materials provided to them by Cotton & Cloud when we provide such permission in writing, and adheres to the Terms and Conditions of our Knit & Sell Scheme policy.
NO ENDORSEMENTS DISCLAIMER
Cotton & Cloud does not represent the accuracy, legality, legitimacy, validity or reliability of any statements, quotes, services, or any promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, or accessed from the Cotton & Cloud Website or its Blog postings.
References that we make to any names, marks, products or services of third parties or hypertext links to third party Websites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by User as a result of an advertisement or any other information or offer in or in connection with the Cotton & Cloud Website.
Cotton & Cloud reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of its Site. Where appropriate, we will attempt to update information listed on the Site in a timely manner, but shall not be liable for any inaccuracies.
Links to external internet websites may from time to time be provided within the content of the Site as a convenience to Users’. The listing of an external Website does not imply endorsement of the website by Cotton & Cloud. No representations regarding the availability and performance of any Websites to which we provide links to. If a User decides to click on any sponsor link or other external link from the Website, a browser may automatically direct you to a new browser window that is not hosted or controlled by Cotton & Cloud. Cotton & Cloud and its affiliates are not responsible for the content, functionality, or technological safety of those external Sites.
WARRANTY & LIABILITY
Cotton & Cloud does not warrant that any use of the Website will meet any Users’ requirements and reliance upon any materials, and any use of the internet in general shall be at Users’ own risk.
Cotton & Cloud denies any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to all Users’. Furthermore, Users’ expressly understand and agree that Cotton & Cloud shall not be liable for any direct or indirect, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from Users’ usage of the Website.
LIMITATION OF LIABILITY
Users’ expressly understand and agree that Cotton & Cloud and its subsidiaries (if any), affiliates, employees, agents, partners and licensors shall not be liable to Users’ for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
Even if Cotton & Cloud has been advised of the possibility of such damages resulting from use of the Website, its content or any related services, the foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
Users’ hereby agree to hold harmless and indemnify Cotton & Cloud to the fullest extent permitted by law, as such this Agreement may be amended from time to time. As well indemnify and hold harmless all its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to a Users’ use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
JURISDICTION AND ARBITRATION
By visiting the Website, Users’ agree to the laws of the United Kingdom, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between any Users’ and Cotton & Cloud relating to this Agreement. Any dispute relating in any way to a Users’ visit to or use of the Website shall be decided legally only in an arbitration proceeding in the jurisdiction of choice by Cotton & Cloud in the United Kingdom. All legal action or litigation shall be handled and agreed on during an arbitration hearing only, and the arbitrator shall decide the outcome of the litigation or legal action. All parties agree to comply with this statement and the above jurisdiction statement.
Users’ understand they will be expected to pay immediately any and all reasonable attorney fees and all other costs incurred to collect fees or charges due under this Agreement.
Users’ agree that if any provision of this Agreement is held by a court of jurisdiction within the United Kingdom and is held to be contrary to law, the provision shall be modified by the court and all parties will interpret this Agreement to accomplish the objectives of the original provision to the fullest degree permitted by law, and the remaining provisions of this Agreement shall remain in effect as if nothing had ever transpired.
WAIVER OF JURY TRIAL
Each party hereby waives any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. All legal action or litigation shall be handled and agreed on during an arbitration hearing only, and the arbitrator shall decide the outcome of the litigation or legal action. All parties agree to comply with this statement and the above jurisdiction statement.
This Agreement, and any other policy listed within our Website, constitutes the entire Agreement between Users’ and Cotton & Cloud with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between any Users’ and Cotton & Cloud with respect to this Website. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Cotton & Cloud reserves the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary and appropriate. We may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information. Cotton & Cloud reserves the right to seek all remedies available at law and in equity for violation of these Terms.
Breach of any of the above mentioned shall result in immediate Termination of this Agreement, the Users’ account Terminated, and may subject the User to penalties within the United Kingdom, and other legal consequences internationally, depending on the location of the User.
Last Modified on July 24, 2012