Terms and Conditions
Use and License of our Embroidery Designs
You must accept the terms and conditions of this Single User License Agreement ("this Agreement") to access and use Sew Inspired by Bonnie Content ("Digital Content"). By accessing and using any Digital Content, you are agreeing to be bound by the terms of this Agreement. Carefully read all the terms and conditions set forth below before assessing or using any Digital Content.
Digital Content are files--not a finished project. You must have an embroidery machine to use the Digital Content.
By acquiring Digital Content, you have acquired from Sew Inspired by Bonnie, a Single User License ("the License") to use the Digital Content in accordance with the terms and conditions of this Agreement. By accessing Digital Content, you agree to use it solely as provided in this Agreement and to comply with all of the terms and conditions of this Agreement.
Upon accepting the terms of this Agreement, Sew Inspired by Bonnie grants you a non-exclusive, non-assignable, non-transferrable, non-sublicense, single user personal license to use Digital Content as follows:
- Load Digital Content into temporary memory or into a permanent storage device, solely for your personal artistic use in accordance with this Agreement.
- Transfer Digital Content from one personal computer to another.
- Submit work product created with Digital Content to magazines, blogs, and online galleries with proper credit given to Sew Inspired by Bonnie.
- Use work product to create custom apparel, and accessories for individual clients for compensation, provided that the client only receives end user items in the form of stitched apparel or accessories on fabric.
- Use Digital Content to create and sell custom work embroidery products, including "for hire" work products, to design your own products for personal use, but always in the form of a finished stitched product.
- Sew Inspired by Bonnie owns the copyright to the Digital Content, screen shots, and documentation sold on this website. Digital Content is intended for home use. Digital Content may be used for personal gifts for someone else without issue.
- Using Our Digital Content on Items for Sale: You may use our Digital Content on items you wish to sell as long as they are not mass-produced (i.e., hiring someone else to embroider the Digital Content or being created in a production line). As long as only the individual, original purchaser embroiders the Digital Content, there is no limit to the number of times you may stitch the Digital Content on items for sale.
- Sell, lease, assign, transfer, sublicense, disseminate, modify, translate, duplicate, reproduce, or copy electronic files containing Digital Content or permit the same. Digital Content may not be purchased and taken to someone else to put on products. Only the person purchasing the Digital Content has the license to use the design. If you need something stitched on a product and are unable to do so yourself, please direct the person doing the embroidery to our site (www.sewinspiredbybonnie.com) for purchase of needed files.
- Repackage or redistribute any Digital Content electronic files for any reason.
- Load Sew Inspired by Bonnie's Digital Content onto a network server.
- Use any part of Digital Content as part of or associated with any trademark, service mark, logo, or other design in which you establish or claim any commercial, personal, or other rights.
- Use any part of Digital Content, or any alteration or modification of the same, in any way that is defamatory, pornographic, obscene, libelous, fraudulent, or unlawful.
- Remove or obscure any copyright notices associated with Digital Content.
- Claim any portion of Digital Content or any modification of Digital Content as your own.
- Create, use sell, license, sub-license, distribute, or transfer to anyone any derivative work from Digital Content, including templates.
- Use Digital Content for any purpose other than is specifically in this agreement.
- We reserve the right to terminate repeat downloading abilities to any account holder who is known to be sharing Digital Content.
- Gifting Designs: Due to the digital nature of Digital Content, it is not permissible to purchase our Digital Content and give the files to another--even as a gift. We offer gift certificates for this purpose. Therefore, if you wish to "gift" Digital Content to another, please purchase a gift certificate for the recipient.
- You may not use our free designs on items for sale. The purchase of Digital Content is required if you are going to make a profit.
- We encourage you to embroider our Digital Content on items for sale. However, you may not claim the designs themselves to be your own creation. Please credit "Sew Inspired by Bonnie" and give a link back to our site at: www.sewinspiredbybonnie.com. This policy is to protect our copyrights and that of our artists.
Teaching a Class Using Our Designs
Using Sew Inspired by Bonnie's Digital Content in classes is allowed with the following provisions:
- Special generous discounts apply for classes with a minimum of 4 sets. Please contact firstname.lastname@example.org prior to date of class for special pricing of Digital Content for classes.
- We will need the date of class, list of each person, and email address for those attending the class.
- The set would be Licensed to only the individual purchaser (class attendee). One set per attendee. If you have multiple classes, or new attendees attending said classes, another set would need to be purchased for each new attendee.
Use of Our Images
If you have a website for your business, sell on EBay or Etsy, or you offer your customers a choice of what Digital Content they wish to have stitched on the item you are creating, you may display our stitch out images from our "website only" provided you give credit to Sew Inspired by Bonnie stating, "These designs were purchased from Sew Inspired by Bonnie" and provide a link back to our website at www.sewinspiredbybonnie.com. Sew Inspired by Bonnie does not grant permission to use our customers' project images in any fashion nor our marketing images that are used on Facebook, Instagram, Pinterest, etc.
We understand links are not allowed in EBay auctions. If you have any items you have made with our Digital Content, we would be happy to display them on our website and link to your EBay, Etsy, or website.
Use of our Digital Content images as outlined above is only allowed after the purchase of said Digital Content.
Your End Embroidery Work Product Must
Your End Embroidery Work Product Must Not
Contain Digital Content other than is specifically authorized in this End-User License Agreement is strictly prohibited.
Any use of Sew Inspired by Bonnie's Digital Content other than is specifically authorized in the End-User License Agreement is strictly prohibited. Sew Inspired by Bonnie will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses or the prohibited uses described herein.
You acknowledge that the Digital Content belongs to Sew Inspired by Bonnie or its Licensor or Licensors, and that Sew Inspired by Bonnie or its Licensor or Licensors retain all right, title, and interest in and to the Digital Content not expressly granted under this agreement, including, without limitation, all copyrights.
You may alter or modify any of the Digital Content images as necessary for your intended and permitted use as authorized in this Agreement. However, if any such alteration or modification constitutes a derivative work, you acknowledge and agree that you made such derivative work for Sew Inspired by Bonnie and/or its Licensor or Licensors and that all rights associated with such derivative work will be owned solely by Sew Inspired by Bonnie and/or its Licensor or Licensors. In addition, to the extent that any rights to any derivative work are not automatically deemed to be owned by Sew Inspired by Bonnie and/or its Licensors, you hereby assign and transfer to Sew Inspired by Bonnie and/or its Licensor or Licensors all right, title and interest of such derivative work.
Digital Content is provided by Sew Inspired by Bonnie "as is". Sew Inspired by Bonnie disclaims all warranties of any kind or nature, express, implied, or otherwise, or arising from trade or custom, including any implied warranties of title, merchantability, non-infringement, or fitness for a particular purpose. Without limiting the generality of the foregoing, Sew Inspired by Bonnie disclaims any warranty that Digital Content is error-free or will operate without interruption.
Sew Inspired by Bonnie and its licensors will not be liable for damages of any kind, including general, direct, special, incidental, and consequential damages, resulting from, or arising out of your possession or use of Digital Content (including data loss or corruption), regardless of whether such liability is based in tort, contract, or otherwise. If the foregoing limitation is held to be unenforceable, the maximum liability to you will not exceed the amount of the license fees paid by you for the Digital Content.
The laws of some jurisdictions do not permit some warranty disclaimers or limitation of liability. You may have other rights that vary by jurisdiction.
This agreement and performance under this agreement will in all respects be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to conflict of laws principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods will not be applied to this agreement. You agree that the proper venue for all actions arising in connection with this agreement will be deemed proper in the state court in Denton County, Texas, or in the federal court for the State of Texas, and you agree to submit to such venue and jurisdiction. You hereby waive personal service.
Sharing your login on our website with another individual is not allowed. As a convenience to our customers, we have provided you a place to view previous purchases (with the onset of our Shopify store) and re-download your Digital Content should your computer crash or you lose your Digital Content. Please be careful to not share your login or password with anyone. Downloads are tracked and monitored regularly. If we discover Digital Content being downloaded to multiple devices from a single account, downloading abilities will be suspended without notice and future rights to future downloads will be revoked.
Refunds and Exchanges
Due to the nature of digital designs and their ability to be downloaded instantly, there are no refunds or exchanges. If you receive a damaged CD or USB stick, it will be replaced promptly. Any physical products lost in shipping must be reported within 6 months of purchase. If you have difficulty downloading your designs, please contact us by email and we will get you taken care of as quickly as possible. If you do not hear from us within 24 hours, please resend. Note: We are closed on Sundays and major holidays. You may email us at: email@example.com.