Terms & Conditions
Terms & Conditions of Use for FlamingoDesigns.net®
Thank you for visiting FlamingoDesigns.net®. We encourage you to spend some time on our website and fulfill your creative needs.
Please review the following Terms and Conditions of Use (the “Terms”) carefully before using FlamingoDesigns.net® and before purchasing products or services (the “Product”), or obtaining content from our website. These Terms contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Our website is provided to you, the user, by FlamingoDesigns.net® LLC, which is a wholly owned subsidiary of FlamingoDesigns.net Stores, LLC. Whenever we use the words “we,” “our,” “FlamingoDesigns.net,” “us,” or “Company,” we are referring to FlamingoDesigns Fabric Stores, LLC and its parents, subsidiaries, and affiliates, including, without limitation, FlamingoDesigns.net® LLC and JAS Fabrics and Crafts LLC. Whenever we use the word “website,” we are referring to our web pages that begin with, http://www.FlamingoDesigns.net.
2. Agreement to Terms and Conditions of Use
These Terms apply to your use of our website. These Terms also apply to your purchase of Product sold on our website. By using our website, accessing information on our website, ordering Product or accepting delivery of Product, it means that you have read, understood, and agreed to these Terms, and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between FlamingoDesigns Fabric and you regarding your use of our website. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of our website, or your purchase of Product, are specifically disclaimed and superseded by these Terms.
If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our website. Your continued use of our website means that you have agreed to the Terms. You cannot use our website, and at the same time object to these Terms. Your use of our website is at your sole risk.
Your use of FlamingoDesigns Fabric’s application (“App”) on smartphones, tablets, and other devices is also covered by these Terms. Any reference to “website” also includes the App, as applicable.
By signing up for FlamingoDesigns Fabric’s App, you consent to receive “push” notifications from FlamingoDesigns Fabric. Message and data rates may apply to these notifications. If you do not want to receive these notifications, then you must stop using the App and un-install the App from your device.
3. Changes to the Terms
(a) We reserve the right to change these Terms at any time, without prior notice to you or to other users of our website. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed.
(b) Access to our website and the use of information, materials, products or services provided through our website, is not intended, and is prohibited, where such access or use violates applicable laws or regulations.
4. Users must be Legal Age of Majority
Our website is a business website designed for persons who have reached the age of majority in the state, province or territory in which they reside. Any user of our website represents to us that he or she has reached the legal age of majority in the state, province or territory in which they reside. If you are between ages 13 and the legal age of majority, and continue to use our website, then your parent / legal guardian represents to us that he or she consents to these Terms on your behalf, and that she or he consents to your use of our website. A parent / legal guardian of a child between ages 13 and the legal age of majority is solely responsible for their child’s use of this website, including all financial charges. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit or post any information, including personally identifying information, on our website. Under no circumstances may anyone under age 13 use our website, except to browse. Parents or legal guardians of children under 13 cannot agree to these Terms on their behalf.
5. Compliance with Laws
(a) The material on our website is intended only for personal use. No part of any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible at our website may be incorporated into any information retrieval system, whether electronic or mechanical.
(b) When you use our website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our website; or (7) modify or alter any part of our website.
(c)The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law, is prohibited.
(d) You agree to comply with all applicable laws and regulations of the 50 states, of the United States, of Canada, and the applicable provinces and territories of Canada. You agree and represent to us that you are not buying Product for export outside the United States, unless you are located in Canada and shipping directly to Canada, in which case you agree and represent to us that you are not buying Product for export outside of Canada and you are not buying Product for shipment to Quebec.
(e) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to our website for any reason, at any time, without notice.
6. Not Responsible for Errors
(a) Our website may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice to you. Corrections or updates may occur after you have submitted an order from our website. In that event, we will attempt to contact you with the correct information before processing your order. If we are unable to contact you with the correct information, then you may return the item according to our return policy. If an item is listed on our website at an incorrect price or with incorrect information, then at our sole discretion we reserve the right: (1) to refuse orders for that item, (2) to contact you for instructions, or (3) cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from our website. We apologize for any inconvenience that this may cause you.
(b) PRICES AND SELECTION ON OUR WEB SITE MAY VARY FROM THE PRICES AND SELECTION IN OUR STORES. WE WILL HAVE NO LIABILITY FOR ANY PRICE DIFFERENCES, NOR ANY LIABILITY FOR ANY DIFFERENCES IN SELECTION.
(c) Your order is subject to cancellation by us, at our sole discretion.
(a) The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to our website, including without limitation, the “look and feel” of our website, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property, or are included with the permission of the owner, and are protected under copyright and trademark laws. You do not acquire ownership rights when viewing this website. All software used on this website is the property of FlamingoDesigns.net® or its software suppliers and is protected by U.S. and international copyright laws.
(b) All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and trade names displayed, cited or otherwise indicated on our website are trademarks of ours, our affiliates, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited.
Colors are not guaranteed. Due to color variability in computer and screen monitors, we have no liability if colors of the Product do not match their display on our website.
9. Discontinued Product
We reserve the right to change and discontinue Product at any time without notice to you, and this may affect information saved in any sales through an online cart. We may substitute Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described on the website are possible.
10. Disclaimer of Warranties
(a) WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR WEBSITE AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR WEBSITE.
WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT.
OUR WEBSITE IS OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS.
NOTE: The above disclaimers do not apply to any product warranty offered by the product manufacturer.
(b) You assume total responsibility for establishing procedures for data back up and virus checking as you consider necessary.
(c) Craft-making, scrapbooking, sewing, quilting, knitting, and the other activities included in our website are highly individualized pursuits, with project results varying widely, depending upon the type of supplies used and the skill level and creative ability of the maker. We do not guarantee the results of any pattern, instruction, design or project presented on our website, and we disclaim all liability for unsatisfactory results.
11. Other websites
Our website may provide a link or advertisement to another website that is operated by a third party. We provide these links for your convenience, and we do not endorse such other website or its contents. We have no control over, and do not review, these websites or their content. Under no circumstances will the Company be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by these other websites, including, without limitation, their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked these other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave this website and access these other websites, you do so at your own risk, and the rules and policies of the other websites will apply to you while you are on their websites.
12. Use of Information Provided by the User
Some portions of our website enable users to post reviews of, and make submissions and comments regarding various products, projects and information contained on our website. If you submit material to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, publish and display your submissions throughout the world in any media. We will not pay you or any person for any information that you provide to our website. You also grant FlamingoDesigns Fabric and our licensees the right to use the name that you submit with your submission in connection with that submission. You are solely responsible for the content of your submissions. We assume no liability for any content submitted by you. You agree that you have no expectation of privacy with regard to any content that you submit.
14. Use of Tools Sold on our Website
We emphasize that proper and safe use of a crafting tool or product requires following the written instructions of the product manufacturer. Some craft products are not safe for use (or, in some instances, unsupervised use) by children. In addition, extreme care and caution should be taken when using any crafting tool that requires heat in its operation, such as an embossing heat tool or a glue gun. For more specific warnings and other valuable information about the proper use of crafting tools, please see the manufacturer’s written instructions accompanying the crafting tool or product.
15. Gift Cards
When you purchase a gift card, the following terms will apply: Terms and Conditions of Use: This card issued in U.S. dollars. This card can be used only for purchase of merchandise, services or classes at any FlamingoDesigns Fabric store or online at FlamingoDesigns.net®. Not for use in sewing or other leased departments in a FlamingoDesigns Fabric store. This card is not redeemable for cash and no change will be given, unless required by law. Treat this card like cash. Lost, stolen or damaged cards are replaced only with valid proof of purchase to extent of remaining balance. Issued by FlamingoDesigns Fabric Stores, LLC Hudson, OH. For balance inquiry, call toll-free 1.267.332.4063 any time.
16. Information and Press Releases
Our website contains information about our Company and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases.
17. Copyrights and Copyright Agent – Copyright Infringement Notification
The following is provided pursuant to the requirements of the DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) designating the Company’s agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq. If you believe that content available on or through the Web site infringes one or more of your copyrights, please immediately notify the Company’s Copyright Agent by mail at the respective addresses below (each a “Notification” and collectively, “Notifications” providing the information for a Notification as described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Web site infringes your copyright, you should consider first contacting an attorney. All Notifications should include the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Web site are covered by a single Notification, a representative list of such works at that site. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity (“Infringing Material”) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company or other party identified in the Notification as a “service provider,” as such term is defined under the DMCA, to locate the Infringing Material. (d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (e) A statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (f) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications should be sent to the following: By mail: Robert D. Icsman, Copyright Agent c/o FlamingoDesignstech Solutions, LLC 8590 WILDERNESS TRAIL, FISHERS, IN, 46038 Phone: 1.267.332.4063 By phone: 1.267.332.4063 We have a policy of terminating access, usage or subscription to the website, as the case may be, for repeat infringers in appropriate circumstances.
18. Changes to our Website
We have the right, in our sole discretion, to refuse, modify or remove any material submitted to or posted on our website and to terminate, change, or suspend (temporarily or permanently) any aspect of our website (or the entire website) at any time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability, to remove any material, including goods for sale, which we find, in our sole discretion, to be objectionable or in violation of these Terms.
(a) The agreement created by your acceptance of these Terms, through your use of our website, or your purchase of Product, will be treated as though it was executed and performed in: (1) Summit County, Ohio, if you are a resident in the United States or any other jurisdiction except Canada, and it is governed by the laws of Ohio, without regard to conflict of laws principles. You agree that any action at law or in equity arising out of, or relating to, these Terms must be filed only in state or federal court located in Akron, Ohio, (2)Toronto, Ontario, if you are a resident in Canada, and it is governed by the laws of Province of Ontario and applicable federal laws of Canada, without regard to conflict of laws principles. You agree that any action at law or in equity arising out of, or relating to, these Terms must be filed only in the Courts of the Province of Ontario sitting in the City of Toronto, and in both situation (1) and situation (2) you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of our website.
(b) The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. If any part of these Terms is held invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. To the extent that anything in or associated with our website or Product is in conflict or inconsistent with these Terms, these Terms control.
(c) Our failure to enforce any provision of these Terms is not a waiver of such provision, or of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms, your use of our website, or your purchase of Product.
20. Return Policy
All sales from our website are subject to our return policy, which is available for viewing by clicking on the “Help” section of our website.