Last updated: 08/04/2021
By using Love It Stitch It, you’re agreeing to these Terms. “Services” mean the services and functions provided by your use of LISI. “LISI” means the website and functionality of www.loveitstitchit.com.
1. LISI requires all account holders to be at least 18 years of age. Users under 18 years of age may use LISI with the account holder’s permission. The account holder is responsible for all activity on the platform.
2. LISI will collect or receive your personal data in different ways. We will comply with the Data Protection Act 2018. We obtain personal data directly from you, indirectly from you and/or from the device or browser you use to access the Services, from payment processing parties and from marketing companies. Sometimes we require certain information to provide you with the Services. LISI uses the personal data it receives and collects in accordance with the purposes described in these Terms and in accordance with the Data Protection Act 2018.
3. For both buyers and sellers, LISI requires information in order to provide you with the Services. We may store credit card information for both billing and payment purposes. Members in certain countries can elect to save their credit card information to facilitate checkout for future purchases.
4. As a user of LISI, you will receive marketing communications including updates. You can opt out via email by following the unsubscribe link in any marketing email you receive. Every account is required to keep a valid email address on our system to receive messages.
5. LISI will not disclose your name, email address or other personal data to third parties without your consent, except as specified in the Terms.
6. When you access or use the Services, we collect, use, share, and otherwise process your personal data for the purposes described in these Terms. This information is used where necessary to perform the contractual obligations in our Terms and in order to provide the Services, where you have consented, where necessary to comply with any legal obligation and where necessary in the public interest.
7. We will rely on your consent to send marketing messages and emails, for third-party data sharing related to advertising and for the use of location data for advertising purposes.
8. We follow generally accepted industry standards to protect your personal data e.g. encryption is used for certain information such as credit card details. However secure, no method of transmission over the internet is 100% secure. Therefore, while we strive to protect your personal data, we can't guarantee its absolute security for issues outside of our control.
9. LISI will retain your information only for as long as is necessary for the purposes set out in these Terms, for as long as your account is active or as needed to provide the Services to you. If you no longer want LISI to use your information to provide the Services to you, you can close your account. LISI will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and as otherwise described in these Terms.
11. We may amend or update these Terms from time to time. We encourage you to check back regularly and review any updates. If you have any questions please contact us email@example.com.
12. We want everyone using LISI to feel safe and our priority is to ensure an inclusive environment. LISI prohibits the use of our Services to discriminate against people based on any characteristic protected under law.
13. LISI does not allow offensive, abusive, hateful, discriminatory or threatening or any other inappropriate (as determined by LISI) (collectively, ‘Inappropriate Content’) material, images, wording or any other content on its platform. All marketplace listings are subject to our approval. Any marketplace submission that does not meet our standards will not be published or may be removed at any time. Users will be notified. When using LISI in any way, any use of Inappropriate Content could result in your account being terminated.
14. LISI provides a marketplace for buyers to purchase patterns from sellers around the world. It is important to note that LISI is not a part of that transaction. By shopping on LISI, you understand that you are not buying directly from LISI, but from one of the designers on LISI. LISI does not endorse any items sold on LISI or any content posted by sellers. LISI ensures a standard of designs sold on the platform and checks all before publishing for sale. We reserve the right to refuse any design that does not meet our requirements and quality standards.
15. By making a purchase from a seller on LISI, you agree that you have read the item description and pattern specifics before making a purchase, acknowledge that digital downloads cannot be ‘returned’ and therefore refunds are not possible for that purchase.
16. As a member of LISI, you have the opportunity to create and upload a variety of content e.g. images of the finished design. You agree that you will not upload content that is offensive, abusive, hateful, discriminatory or threatening in any way and you acknowledge that LISI has within its power to prevent from being listed and/or remove any content which breaches this requirement. You agree to comply with copyright laws and not share, duplicate, copy, sell, distribute or otherwise profit from a design created by a seller on LISI. Any breach of copyright will result in removal from the platform and legal action. By using LISI, you agree not to upload copyright protected imagery with the intent to profit, for example Disney images or brand logos.
17. If a pattern is not as described and the buyer can demonstrate this, you may be entitled to a refund from the seller. Please contact the seller in the first instance via their email address included on the pattern itself. If the matter is not resolved within 14 working days, please contact: firstname.lastname@example.org. If LISI determines that a pattern is not as described, the seller will be required to refund the order.
18. LISI uses Stripe to process all payments. All funds resulting from a completed transaction will be reflected as a balance in a seller’s payment account. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the seller’s payment account balance.
19. Stripe charges a fee for processing payments. The Stripe processing fee is dependent on the location of the customer (UK or international) and is assessed on the total sale amount including tax added where applicable. LISI charges commission on every sale based on the listing price. The commission amount depends on your membership status. Any fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. Tax is collected and remitted where required by Love It Stitch It. VAT is added to the sale price paid by the buyer.
20. You are solely responsible for your interactions with other LISI users. LISI shall have no liability for your interactions with other users, or for any User’s action or inaction.
21. By using LISI, you warrant that your content is not obscene, offensive, defamatory or otherwise distasteful. To the best of your knowledge, all your design sources, content and other information that you provide to us is truthful and accurate. You will not send unsolicited emails or engage in spamming of any sort. You will not engage in any digital advertising using keywords which compete with LISI’s own campaigns in order to promote your relationship with LISI nor will you use or engage a third party on your behalf to use LISI in any domain name. When you publish designs on our platform, you grant LISI the rights necessary to host them in public.
22. Nothing in these Terms shall render you (or anyone associated with you in producing your content) am employee, worker or agent of LISI and you should not hold yourself out as such.
23. Except for your own content, all LISI content and software, logos, images, marks, videos and all intellectual property rights are the exclusive property of LISI. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, display, publish, adapt, edit or create derivative works from any LISI content.
24. You may cancel your LISI account at any time; however, there are no refunds for cancellation part way through a membership month. In the event that LISI suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, subscription fees or data associated with your account. By initiating a purchase on LISI, you agree to pay all charges associated with your transaction. Once you’ve provided a payment via LISI, we don’t provide any refunds.
25. LISI may terminate your membership at any time with immediate effect by giving you written notice if (a) you breach these Terms; or (b) if any governmental or regulator body requires LISI to do so. On termination, the accrued rights, remedies obligations and liabilities of the parties shall not be affected.
26. You warrant that you have full clear and unencumbered intellectual property rights over your content and products and have full and unrestricted rights to use your content and products on the LISI platform.
27. You agree to indemnify LISI and its subsidiaries, agents, other affiliated companies, employees, contractors, agents, officers and directors, in full from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to legal and other professional fees), including any interest and penalties, arising from your use of LISI, including any claim made against LISI relating to data or content transmitted or received by you, your violation of any provision of these Terms, your violation of any third-party right, any claim against LISI for actual or alleged infringement of a third party’s intellectual property rights, any negligent performance or failure or delay in providing content and services your violation of any applicable law, any claim for damages that may arise as a result of any of your content or images or any other party’s access and use of LISI with your username and/or password. This clause shall survive termination of the Terms between us.
28. If LISI suffers damages or claims relating to your content, account, or use of the Service or your violation of these terms, any laws, or any other individual’s rights, you are responsible for all costs.
29. To the maximum extent permitted by law, in no event shall LISI be liable for any direct, indirect, punitive, incidental damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of or inability to use LISI.
30. Notices: Any notices required to be permitted by you under these Terms shall be addressed to LISI at email@example.com. We shall contact you at the contact details that you provide to us, which must be correct.
31. Waiver: No forbearance or delay by LISI in enforcing its rights under these Terms will prejudice or restrict the LISI rights under these terms.
32. Assignment and Sub-contracting: LISI’s relationship is with you and you shall not assign or transfer to any other person your obligations under these Terms without our prior written consent.
33. Force Majeure: LISI shall be relieved of its obligations under these Terms to the extent that our performance is prevented by, or our non-performance results wholly or partly, directly or indirectly from, any cause beyond our reasonable control.
34. No Partnership or Agency: Nothing in these Terms is intended to, or shall be deemed to, establish a partnership or joint venture between any of the parties, constitute any party the agent of the other party, or authorize any party to make or enter into any commitments for or on behalf of the other party.
35. Variation: No variation to these Terms shall be valid unless agreed in writing by LISI.
36. Entire Agreement: Unless agreed otherwise by the parties in writing, these Terms and any document referred in it constitute the entire agreement between the parties and supersedes any prior agreements between them.
37. Law and Jurisdiction: These Terms shall be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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