Terms and Conditions of Site Use
Terms and Conditions of Site Use
The redheart.com Web site (the "Site") is created, owned and operated by Coats & Clark. Unless otherwise stated herein, any reference to “Coats & Clark” refers to Coats & Clark Inc., Coats Ltd., J. & P. Coats, Limited, and all of their subsidiaries, affiliates and licensors
PLEASE REVIEW ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW AND TO COMPLY WITH ALL APPLICABLE LAWS RELATING TO USE OF THIS SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. COATS & CLARK RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE SITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
1. Intellectual Property.
The contents of the Site are protected by copyright, trademark and other intellectual property laws. This Site and all names, trademarks, logos, service marks, graphics, designs, brand identifiers, characters and all other intellectual property appearing in, or materials available on, the Site are the property of Coats & Clark, and Coats & Clark reserves all rights associated therewith. The use or misuse of any content on this Site, except as provided in these Terms and Conditions of Site Use, is strictly prohibited.
You may not use the Site, or the materials available on the Site, in a manner that constitutes infringement of our rights or that has not been authorized by us. Unless explicitly authorized in these Terms and Conditions of Site Use or otherwise in writing by the owner of these materials, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, SELL, CREATE DERIVATIVE WORKS OF, EXPLOIT OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT WRITTEN PERMISSION OF COATS & CLARK. However, you may print and/or download individual pages of the Site solely for your personal, non-commercial use, provided that (a) you do not modify any page or change or delete any copyright or proprietary notices from the materials on any such page within the Site, and (b) these Terms and Conditions of Site Use and any notices in such pages regarding use or ownership are included with reproduced or stored pages.
RED HEART, TLC, AUNT LYDIA'S, SUSAN BATES, J. & P. COATS, ROYALE, SOUTH MAID, COATS, COATS & CLARK and other trademarks and service marks used in the Site are exclusive property of J & P Coats, a company affiliated with COATS & CLARK. Coats & Clark reserves all rights associated therewith. No rights to the use of these trademarks or services marks are licensed by these Terms and Conditions of Site Use.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Red Heart, Coats & Clark and its affiliate brands, Coats & Clark does not operate, control or endorse any information, products or services on the World Wide Web in any way. You may establish a hypertext link to the Site provided that the link does not state or imply any sponsorship of your site by the Site or by Coats & Clark or Red Heart Yarns. To the fullest extent permitted by law, Coats & Clark disclaims any warranties for viruses or other harmful components in connection with the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. COATS & CLARK PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,(INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE WORLD WIDE WEB GENERALLY, AND COATS & CLARK SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE WORLD WIDE WEB GENERALLY. COATS & CLARK DOES NOT WARRANT THAT THE SERVICE PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF THE IMPLIED WARRANTIES REFERRED TO HEREINABOVE; AS SUCH, THE DISCLAIMER ABOVE REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU IN THIS RESPECT.
LIMITATION OF LIABILITY
IN NO EVENT WILL COATS & CLARK OR RED HEART BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES PROVIDED BY THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR THE CONTENT OF ANY OTHER SITE OR SITES LINKED TO THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF COATS & CLARK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICES PROVIDED BY THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; AS SUCH, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, COATS & CLARK'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Coats & Clark and Red Heart make no representations whatsoever about any other Web site which you may access through the Site or which may link to the Site. Any links provided on this Site are provided as aids to help identify and locate other resources that may be of interest to you, and they are not intended to imply or state that Coats & Clark is associated with or sponsors the owners or publishers of such resources, or that Coats & Clark is authorized to use any logo, copyrighted symbol, tradename or registered trademark that may be shown in the linked Web site. A link to a Red Heart or Coats & Clark Web site does not mean that the company or the brand endorses or accepts any responsibility for the content, or the use, of such Web site.
You agree to indemnify, defend and hold harmless Coats & Clark and any of its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Site Use (including negligent or wrongful conduct) by you or any other person accessing the Site on your behalf or at your request.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of Coats & Clark and any of its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
We may cancel or terminate your right to use the Site or any part of the Site at any time without cause and without notice to you in our sole discretion. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Site Use shall survive any such termination or cancellation.
6. Red Heart Facebook Terms & Conditions
At Red Heart we’ve been a family for over 75 years and we have no intention to change. You, our fans are part of that family and our Facebook page is a place for us all to talk about our products and promotions. Therefore, we reserve the right to take down photos, comments and other material deemed "non-family oriented” by the Red Heart team. This includes, but is not limited to, vulgar language, disturbing photos, angry or aggressive behaviour toward fellow fans, famous fans or our team members, and posting anything in violation of any intellectual property right of another. If someone persists in offensive behaviour or continually violates any of our house rules, we may block that person from further participation. So please, just remember to respect your family.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, misleading or unlawful material or information.
- Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
The Site is operated and controlled by Coats & Clark. Your viewing of any materials on the Site constitutes your approval of these Terms and Conditions of Site Use and consent to jurisdiction in a court of competent jurisdiction in the state of Delaware, United States of America, without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between Coats & Clark and you for any purpose concerning the Site or these Terms and Conditions of Site Use or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction in the state of Delaware. You agree that any cause of action arising out of or related to the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred. Coats & Clark's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Site Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions of Site Use. Coats & Clark may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE. © 2013 COATS & CLARK. All rights reserved.