Terms and Conditions
Agreement between User and sewingthroughfog.com
Welcome to sewingthroughfog.com. The sewingthroughfog.com website (the "Site") is comprised
of various web pages operated by Sewing through Fog ("Sewing through Fog").
sewingthroughfog.com is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein (the "Terms"). Your use of
sewingthroughfog.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
sewingthroughfog.com is an E-Commerce Site.
This website is for the purpose of selling handmade goods and sharing sewing and quilting
inspirational and tutorials.
Electronic Communications
Visiting sewingthroughfog.com or sending emails to Sewing through Fog constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Sewing through Fog is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Sewing through Fog and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Sewing through Fog does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use sewingthroughfog.com only
with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
sewingthroughfog.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of Sewing through Fog and Sewing through Fog is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Sewing through Fog is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Sewing through Fog of
the site or any association with its operators.
Certain services made available via sewingthroughfog.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
sewingthroughfog.com domain, you hereby acknowledge and consent that Sewing through Fog
may share such information and data with any third party with whom Sewing through Fog has a
contractual relationship to provide the requested product, service or functionality on behalf of
sewingthroughfog.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
sewingthroughfog.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Sewing through Fog that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Sewing through Fog or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Sewing through Fog content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Sewing through Fog and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Sewing through Fog or our licensors except as expressly
authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload 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 files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Sewing through Fog has no obligation to monitor the Communication Services. However, Sewing
through Fog reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Sewing through Fog reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any reason
whatsoever.
Sewing through Fog reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in Sewing through Fog's sole
discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Sewing through Fog does not control or endorse the
content, messages or information found in any Communication Service and, therefore, Sewing
through Fog specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers and hosts are
not authorized Sewing through Fog spokespersons, and their views do not necessarily reflect those
of Sewing through Fog.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to sewingthroughfog.com or Posted on Any Sewing through Fog Web
Page
Sewing through Fog does not claim ownership of the materials you provide to
sewingthroughfog.com (including feedback and suggestions) or post, upload, input or submit to
any Sewing through Fog Site or our associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are granting Sewing
through Fog, our affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Sewing through Fog is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in Sewing through Fog's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
International Users
The Service is controlled, operated and administered by Sewing through Fog from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Sewing through Fog Content
accessed through sewingthroughfog.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Sewing through Fog, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Sewing through Fog reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully cooperate
with Sewing through Fog in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Sewing through Fog agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. SEWING THROUGH FOG AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SEWING THROUGH FOG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
SEWING THROUGH FOG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SEWING THROUGH FOG AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF SEWING THROUGH FOG OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Sewing through Fog reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you hereby
consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Sewing through Fog as a result of this agreement or use of the Site. Sewing through Fog's
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Sewing through Fog's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Sewing through Fog with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Sewing through Fog with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Sewing
through Fog with respect to the Site. A printed version of this agreement and of 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. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Sewing through Fog reserves the right, in its sole discretion, to change the Terms under which
sewingthroughfog.com is offered. The most current version of the Terms will supersede all
previous versions. Sewing through Fog encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Sewing through Fog welcomes your questions or comments regarding the Terms:
Email Address:
info@sewingthroughfog.com
Effective as of December 02, 2022