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Terms of Use | Privacy Policy

Terms of Use

Please read the Terms of Use carefully before accessing or using this Site.

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that ArtNeedlepoint may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

ArtNeedlepoint may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of ArtNeedlepoint.com to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

THE SITE

ArtNeedlepoint Incorporated, its affiliates and agents ("ArtNeedlepoint") make this Web site and all other websites of ArtNeedlepoint Incorporated with links to the Terms of Use (collectively, the "Site"), and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Site by ArtNeedlepoint or users of this Site. "Services" means all services and resources offered or enabled via the Site by ArtNeedlepoint and users of this Site, including download areas, developer tools services, product and other information services and communications services such as bulletin boards, calendars, chat areas, communities, e-mail, forums (including lab and user to user forums), newsgroups, personal webpages, photo albums and other message or communication facilities designed to enable you to communicate with others (collectively, "Communications Venues"). All Materials provided by ArtNeedlepoint are referred to collectively as "ArtNeedlepoint Materials". All user-supplied Materials are referred to collectively as "User Materials". Certain Services may involve collaboration and file-sharing services among a specified group. Materials posted by users in such group in conjunction with such collaboration and file-sharing Services are referred to collectively as "Shared Content". The group of persons among which such collaboration and file sharing involving Shared Content takes place is referred to herein as the "Work Group". All User Materials that are not Shared Content shall be referred to herein as "User Content". ArtNeedlepoint Materials and User Materials may have different restrictions and conditions associated with them under the Terms of Use and other guidelines and rules posted via the Site.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, ArtNeedlepoint and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of ArtNeedlepoint Incorporated or other third parties. You are not permitted to use the Marks without the prior written consent of ArtNeedlepoint Incorporated or such third party that may own the Marks. ArtNeedlepoint and the ArtNeedlepoint logo are trademarks of ArtNeedlepoint Incorporated.

USE OF SITE AND SERVICES

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any ArtNeedlepoint server or to the Site without authorization from ArtNeedlepoint, whether through hacking, password mining or any other means.
  • Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
  • Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
  • Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
  • Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any ArtNeedlepoint account holder or to any ArtNeedlepoint.com or affiliated e-mail address.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
  • Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
  • Access or use the Site in any manner that could damage, disable, overburden or impair any ArtNeedlepoint server or the network(s) connected to any ArtNeedlepoint server.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
  • Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of ArtNeedlepoint or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any ArtNeedlepoint domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by ArtNeedlepoint.

Privacy Policy

Collection of personal information

As a visitor to this Site, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing online or hosted Products and Services, ArtNeedlepoint may ask you to provide certain information about yourself by filling out and submitting a form. It is optional for you to engage in these activities. If you elect to engage in these activities, however, ArtNeedlepoint may ask that you provide personal information, such as your first and last name, mailing address (including ZIP code), country of residence, e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal information. When ordering Products and Services via the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. Similarly, if you wish to delete your information (pursuant to the mechanism set forth in “Updating your personal information and privacy preferences”) that is mandatory, you will no longer be able to engage in a particular activity.

When you use the Site and the Products and Services, ArtNeedlepoint may also collect certain information about your computer to facilitate and evaluate your use of the Site and the Products and Services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, referring or exit webpages, and the Internet Protocol (IP) address of your computer. ArtNeedlepoint also uses such information to measure traffic patterns on the Site and usage of the Products and Services. We do not match such information with any other information held by ArtNeedlepoint unless we have your consent.

By using this Site and the Products and Services, you agree and acknowledge that personal information collected through the Site or in connection with the Products and Services may be transferred across national boundaries and stored and processed in any of the countries around the world in which ArtNeedlepoint maintains offices, including the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of your information may be undertaken by trusted third parties. Such third parties are bound by contract with ArtNeedlepoint not to use your personal information for their own purposes or provide it to any third parties. One instance where this could occur is in conjunction with framed pages in which the URL for the pages is not visible, and the pages are hosted for ArtNeedlepoint by such third parties. For example, on the sign up pages for some newsletters, the pages may be hosted by a third party vendor, but appear to be ArtNeedlepoint.com pages and are governed by the ArtNeedlepoint privacy policy.

In order to reduce errors in our database, authenticate our users, prevent abuse of our Site and the Products and Services, and provide more consistent, relevant experiences to our users, we may on occasion supplement the personal information you submit to us with information from third-party sources. For example, if permitted under applicable law, we may supplement your Registration Information with address information provided by the U.S. Postal Service to qualify your information and prevent errors in our database. As permissible, we may also supplement the information you provide to us with demographic and other information (such as age or interest in photography) stored in third-party databases in order to make it more likely that marketing communications we send will be of interest to you.

How your personal information is used

ArtNeedlepoint collects your information in order to record, support and facilitate your participation in the activities you select. If you subscribe to or register for Products and Services, for example, the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users. As another example, if you enter a contest, information is collected to qualify the entry and to contact you regarding the contest or prize awards. Your personal information is also used to track customer preferences and keep you informed about product upgrades, special offers, and other products and services of ArtNeedlepoint and selected third parties unless you have opted not to receive such communications or such communications are prohibited by law.

ArtNeedlepoint may collect information about the use of the Products and Services and the Site, such as the number of downloads, types of Services used, how many users we receive daily, and the IP/Internet address of your computer. This information is collected in aggregate form, without identifying any user individually.

ArtNeedlepoint may use this aggregate, nonidentifying statistical data for improving the Site and the Products and Services, providing more relevant experiences to our customers and for statistical analysis.

Certain Products and Services may require you to use the most current version of such Product and Service or are offered in conjunction with other Products and Services, which you may or may not have already downloaded. The Product and Service may automatically check to determine if you are using the most current version or have other Products and Services and through e-mail messages, pop-up boxes or similar mechanisms inform you if need to upgrade in order to use the Product and Service you have requested. During this process, an IP address identifying your computer and the Product and Service version may be sent to a Web server, but system profile information is not transmitted nor are cookies used to store information.

Your choices with respect to personal information

ArtNeedlepoint recognizes and appreciates the importance of responsible use of information collected on the Site and in connection with the Products and Services. ArtNeedlepoint will respect your legal rights regarding access to and correction and deletion of your personal information. ArtNeedlepoint may communicate information to you regarding products, services, and special offers available from ArtNeedlepoint or selected third parties unless you have opted not to receive such communications or such communications are prohibited by law, although we may find it necessary to continue to communicate with you regarding your use of the Site and the Products and Services. Except in the particular circumstances described in this Privacy Policy, ArtNeedlepoint will not provide your name to other companies or organizations without your consent.

There are other instances in which ArtNeedlepoint may divulge your personal information, such as where required by law, regulation, or litigation. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

Protection of your personal information

The personal information that you provide in connection with registering yourself as a user of the Site or of the Products and Services is classified as Registration Information. Registration Information is protected in several ways. Access by you to your Registration Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Registration Information resides on secure servers that only selected ArtNeedlepoint personnel and contractors have access to via password. ArtNeedlepoint encrypts your personal information and thereby strives to prevent unauthorized parties from viewing such information when it is transmitted to ArtNeedlepoint.

Personal information that you provide that does not constitute Registration Information also resides on secure servers and is accessible only to selected ArtNeedlepoint personnel and contractors via password. Since this information is not accessible online by you, you will not be asked to select a password in order to view or modify such information.

Please note that any information you post to a public bulletin board, blog or chat room, such as the ArtNeedlepoint Forums (the "Forums"), is available to all persons accessing that location, and your e-mail address may also be posted on these venues. The information you share, including your email address, would then be available to all persons accessing these venues, and such information may be read, collected or used by others for any purpose, including sending you unsolicited messages. ArtNeedlepoint is not responsible for any information you elect to submit in these venues or the use of such information. In addition, you should be aware that the Forums offer a service in which subscribers are e-mailed a copy of all messages posted to the Forums on a particular topic. Consequently, if you post a message to the Forums, your e-mail address will be sent to those subscribers who have indicated an interest in the topic of your message.