Terms of use  

These terms of use (“Terms”) govern the access, browsing and use by the users (“User” or “Users”, as applicable) of this website and the websites and The mobile application (which is available in android and apple app store) run by SAI THREAD ARTS referred to below (together referred to as the “Websites” and individually as a “Website”); as well as the services rendered through the Websites (“Service” or “Services”, as applicable) which include the download and use of certain content.

Accessing and using any of the Websites implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms the User must not use any of the Websites.

SAI THREAD ARTS may modify the Terms at any time and thus we recommended that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.

Some Services provided through the Websites may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by SAI THREAD ARTS or by third parties.  Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must read and accept such specific conditions before the provision of the relevant Service.

Likewise, in respect of collection and processing personal data, the Privacy Policy will apply.

  1. OFFERED SERVICES

The Services offered by SAI THREAD ARTS comprise several services and applications for the global creative sector than can be accessed through the platforms that SAI THREAD ARTS operates and manages through the Websites, including any of their subdomains or sections currently offered or which may be offered in the future:

The User registered in any of the Websites may access the Services of the relevant Website and may also access the Services available in the remaining Websites which are provided free of charge, subject to an individual charge or to a subscription, depending on the offer available at the time the User registers or hires the relevant Service.

These are the Services available depending on the Website from which the User is accessing:

Services offered through SAI THREAD ARTS

Through the SAI THREAD ARTS Website and mobile application, the User can search Embroidery Designs in any format, as well as specific information related to such content

The Services may offer, in the result of that search, contents owned by SAI THREAD ARTS (“SAI THREAD ARTS Own Content”), contents owned by third parties offered through the SAI THREAD ARTS Website (“SAI THREAD ARTS Collaborators Content”) as well as third-party content not offered free of charge (“SAI THREAD ARTS Sponsored Content’). SAI THREAD ARTS Sponsored Content is duly differentiated and identified on the search results. SAI THREAD ARTS Own Content and SAI THREAD ARTS Collaborator’s Content shall be hereinafter referred to collectively as the “SAI THREAD ARTS Content” and can be downloaded through the SAI THREAD ARTS Website and mobile application.

The Service may also offer, in the result of a search completed by the User, content offered by third parties freely available through the internet (‘SAI THREAD ARTS Third Party Content’).

Likewise, among the Services offered, Users are allowed to upload content to the SAI THREAD ARTS Website to store, publish and make them available to other Users as SAI THREAD ARTS Collaborators Content. The uploading of content to the SAI THREAD ARTS Website shall be done in the terms and following the procedure set out by SAI THREAD ARTS Company from time to time.

  1. AUTHORISED USE OF THE WEBSITE AND APPLICATION

The User is only authorized to use the Websites and the Services in accordance with the Terms and in good faith. In particular and without limitation Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Websites or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under this Terms (including without limitation the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by SAI THREAD ARTS and the obligation for the User to indemnify SAI THREAD ARTS for all damages suffered as a result of the User’s breach of this undertaking.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the Designs, Image, interests or rights of the Websites or third parties, particularly, the owners of the Collaborators Content, the Third Party Content or the Sponsored Content.

The User will not interfere with the functioning of the Websites or in the Services, in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Websites or the Services, which may impact the security of the Websites or the Services, or which may in any way interfere with the Services offered by SAI THREAD ARTS.  It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Websites or the Services in any way which is contrary to the ordinary use of the Websites or which infringes SAI THREAD ARTS interests, without its express prior authorization. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Websites using any method or system not expressly authorized by SAI THREAD ARTS or which is not the ordinary method of accessing the Websites.

The User shall be responsible of ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment and software necessary for this purpose and of any costs required for the use of the Services.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from SAI THREAD ARTS.

When providing the Services, the Websites can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.

  1. REGISTRATION

In order to use certain Services, the User must register; create a new account with Name and Mobile Number and activating an account by verifying mobile number. To this end, the User must provide a valid Mobile number where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.

The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible of keeping such information updated. Should the User provide false, outdated or incomplete information, or should SAI THREAD ARTS have reasons to suspect it, SAI THREAD ARTS reserves the right to suspend or cancel the User’s account.

The User must protect and keep confidential the account password and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services. If SAI THREAD ARTS found that user are sharing his information to other user or there are multiple users are using same services or multiple users are downloading designs from one subscription or one user are login to multiple devices then SAI THREAD ARTS reserves the right to suspend or cancel the User’s account. Without prior notice to user and will not refund any subscription amount.

The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he/she should immediately inform SAI THREAD ARTS.

SAI THREAD ARTS may suspend or cancel the account of the User if it considers that the User has breached these Terms.

  1. CONTENT

SAI THREAD ARTS provide embroidery Designs in .emb format (“Content”). And services allows user to download content from website and mobile application.

If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting SAI THREAD ARTS as indicated in Section 7 or following the instructions provided on the Websites for a copyright complaint

4.1. Third Party Content and Sponsored Content

Regarding the Third Party Content and Sponsored Content, the Website’s role is limited to complete the search requested by the User and to provide such content as a search result with a link to the relevant website together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a SAI THREAD ARTS frame, which can be removed by the User at any time.

SAI THREAD ARTS  is not the provider of the Third Party Content or the Sponsored Content and does not present itself as owner of such Content. Furthermore, displaying the search result and the link do not imply any relationship between SAI THREAD ARTS and the third party responsible for the Third Party Content or Sponsored Content.

SAI THREAD ARTS does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Third Party Content or the Sponsored Content resulting of the searches made by the Users. The Third Party Content and the Sponsored Content are the sole responsibility of the third parties that make them available to the public over the Internet.

The User will be able to access the corresponding third party websites and download the Third Party Content and/or the Sponsored Content under the terms and conditions established by such third parties. SAI THREAD ARTS shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of the Third Party Content and the Sponsored Content.

SAI THREAD ARTS is not a party and does not take part in the relationship between the User and the third party that offers the Third Party Content or the Sponsored Content, and is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Third Party Content or the Sponsored Content must be addressed to the third parties, which offer them in the linked website.

4.2. SAI THREAD ARTS Own Content

The SAI THREAD ARTS Own Contents are offered under the conditions stated from time to time in the relevant Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out in Section 7 and/or in Section 8, as applicable.

4.3. Collaborators Content

Collaborators Contents are offered in the terms stated at the relevant time in the relevant Website (including, without limitation, daily download limits), and its use is allowed as stated in Sections 7 and 8, as applicable.

When offering Collaborators Content, SAI THREAD ARTS acts as a mere intermediary between the User that downloads such content and the Collaborator, providing the User with the access and subscription to the Collaborators Content.

SAI THREAD ARTS makes reasonable efforts in guaranteeing the lawfulness of the Collaborators Content. However, SAI THREAD ARTS cannot monitor or control all such Collaborators Content. For such reason, the User acknowledges and agrees that SAI THREAD ARTS shall not be responsible for evaluating the originality, the non-infringement of third party rights and the lawfulness of such Collaborator Contents and that SAI THREAD ARTS does not guarantee nor is liable in respect of any such Contents, except for those cases expressly provided in the applicable regulations.

  1. STORAGE AND OFFER OF COLLABORATOR CONTENT

SAI THREAD ARTS only hosts the Collaborator Content and therefore SAI THREAD ARTS has no obligation to edit, select, check, or control the neither Collaborator Content nor guarantees, approves or necessarily agrees with the Collaborator Content. If you wish to make an enquiry related to Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact Collaborator Content as indicated below.

The Collaborator is responsible for the Collaborator Content provided to SAI THREAD ARTS to be stored, published and offered to the Users through the Websites.

  1. RESPONSIBILITY

The User acknowledges and agrees that uses the Websites and its Services at the User’s own risk and under the User’s responsibility and therefore SAI THREAD ARTS does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to SAI THREAD ARTS resulting from the User’s use of the Websites and the Services in breach of the Terms and accepts to indemnify SAI THREAD ARTS and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.

SAI THREAD ARTS does not warrant the availability or continuity of the Websites and the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

As way of example and without limitation, SAI THREAD ARTS shall not be liable for any damages that may result from:

  1. Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not SAI THREAD ARTS’s responsibility
  2. Delays or unavailability of the Websites and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
  3. Third party actions
  4. Unavailability of the Websites and the Services due to maintenance or software updates
  5. Any other event beyond SAI THREAD ARTS’s direct control

SAVE FOR SAI THREAD ARTS’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITES AND THE SERVICES IS AT SOLE RISK OF THE USER AND SAI THREAD ARTS SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITES AND/OR THE SERVICES.

In accordance with Section 4 above regarding Third Party Content and Sponsored Content, SAI THREAD ARTS acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.

The insertion of links in the Services does not imply any relationship, recommendation or supervision by SAI THREAD ARTS of the linked website and accordingly, SAI THREAD ARTS does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.

In accordance with Section 4 above, regarding the Collaborator Contents, SAI THREAD ARTS acts exclusively as the provider of the intermediation service between the offer of Collaborator Contents and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by Law.

SAI THREAD ARTS will make all reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of Content as exclusively for editorial use or any equivalent expression. However, SAI THREAD ARTS NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, SAI THREAD ARTS shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.

  1. INTELLECTUAL PROPERTY

All intellectual property rights over the Websites, the Services, and/or the Websites Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to SAI THREAD ARTS.

Except as expressly authorized under Section 8, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Websites, the Services, the Websites Content or any of its parts, is strictly forbidden.

The Third Party Content and the Sponsored Content are protected by intellectual property rights, as appropriate, and belong to their owners. Although the Services can locate and provide access to these Contents, its download and use is subject to the conditions set by the relevant third party. SAI THREAD ARTS is not the owner and cannot grant any license or authorization in relation to the Third Party Content or Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Third Party Content or any Sponsored Content.

If the third party holder of a Third Party Content or Sponsored Content does not want to be included in SAI THREAD ARTS search results, the third party can contact SAI THREAD ARTS as indicated in Section 10. Regarding a specific Third Party Content or Sponsored Content appearing as search result, you can use the copyright complain that appears next to the result.

If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to SAI THREAD ARTS as set forth in Section 10. In addition, you can use the copyright infringement report system that is provided with any result in the Website.

  1. USE OF THE WEBSITES CONTENT

SAI THREAD ARTS authorizes the User to download and use the Websites Content under the terms of this Section. SAI THREAD ARTS and its licensors reserve all rights over the Websites Content not expressly granted in this license to the User.

SAI THREAD ARTS authorizes the User in a non-transferable, limited, non-exclusive, manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify Content in the Websites Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

The User may use the content in the SAI THREAD ARTS Content provided that it: (i) does not involve collective use, (ii) the content in the SAI THREAD ARTS Content is not used in a manner that suggests an association or endorsement by SAI THREAD ARTS or the Websites,  (iii) the content in the SAI THREAD ARTS Content or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Websites (iv) does not resell, assign, transfer or sublicense the content in the SAI THREAD ARTS Content or any derived work from a Content in the SAI THREAD ARTS Content, (v) does not use the content in the SAI THREAD ARTS Content (totally or partially) in any trademark, logo or part of the same, which may be used by any other mean to guarantee or to imply a guaranty of any product and/or service, unless the content in the SAI THREAD ARTS Content used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original content in the SAI THREAD ARTS Content or implies a use of the content in the SAI THREAD ARTS Content as a template or test, and not as a final item or material; (vi) does not make any use of the content in the SAI THREAD ARTS Content which might be considered defamatory, libelous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the content in the SAI THREAD ARTS Content in a negative light or depicts them in a way that they may find offensive such as the use in; ads for escort or similar services; political endorsements, birth control products; and (vii) does not make any use of the content in the SAI THREAD ARTS Content to slander, libel or to vilify; a person, race, sex, culture, religion, country, region, town, village or any other place.

When any Content of the SAI THREAD ARTS Content is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear on the background, the User shall only be entitled to use it for such editorial use. This means that in such cases the User undertakes not to use that Content in any manner that entails advertising, marketing or commercialization of any product or service. The User shall be directly liable and SAI THREAD ARTS shall not assume any liability as a result of the use for commercial purposes by the User of any Content of the SAI THREAD ARTS Content, which according to this paragraph should be for editorial use only.

The authorization to use the content in the SAI THREAD ARTS shall be free provided that any use of the Content in the SAI THREAD ARTS by the User is credited to the relevant Website as stated by SAI THREAD ARTS from time to time.  In order to benefit from the Service to use the content in the SAI THREAD ARTS without the credit to the relevant Website, the User must purchase a subscription (hereinafter, the “Subscription”) in the relevant Website and download the content in the SAI THREAD ARTS during the term of any such Subscription. Conditions in Section 9 shall apply to the purchase of the Subscription.

The User does not acquire any right as a result of the use of the content in the Websites Content. In particular, the User is not authorized to distribute, resell or rent any content in the Websites Content (or any modification of any content in the Websites Content).

The User rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the Websites Content and will destroy every copy, whether total or partial, thereof.

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  1. CHANGES AND CLOSURE OF THE WEBSITE

SAI THREAD ARTS may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Websites or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, SAI THREAD ARTS will comply with its obligations regarding the keeping of records in relation of certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.

  1. GENERAL AND CONTACT INFORMATION

The use of the Websites and the Services shall be governed by Indian Law. Except for those cases in which applicable regulations impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Gujarat, and the Parties waive expressly any other applicable jurisdiction.

If any provision in these Terms is declared to be invalid or unenforceable, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.

You may contact SAI THREAD ARTS for any query or claim in: info@saithreadarts.com

  1. APPLICATIONS
  2. An Application will allow you to access certain materials and functionality available on the Websites through your mobile device.
    B. Embroidery Legacy reserves the right to amend or withdraw any Application at any time and for any reason.
    C. You acknowledge that the terms of agreement with your mobile network provider (Mobile Provider) will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.
    D. Embroidery Legacy does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. Embroidery Legacy will not be responsible for any support or maintenance for Applications.
    E. In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications which are specified in the Application itself.

  1. TERM AND TERMINATION: The license is effective until terminated. You may terminate this license at any time by deleting all of the downloaded Design Files. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will destroy (or permanently erase) all copies of the Design Files. The Deer’s Embroidery Legacy may terminate this license at any time by providing notice by fax, email, or letter and refunding the purchase price of the design.
  2. NO WARRANTY: TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, THE DESIGN FILES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.