Terms and Conditions

The following terms and conditions apply to the use of this website as well as all transactions conducted through the site.

Legal Notice

All embroidery designs purchased through this site are licensed strictly as purchased, by default for Personal Use Only.

Personal Use is defined as using the embroidery design for stitch-outs to be used by you personally or as a gift to a friend or family member. Stitch-outs or products containing the stitch-out from Personally Licensed embroidery designs may not be sold and the files may not be distributed.

Digitizing Services grant only Personal and Retail licensing. Redistribution licensing of custom digitized designs is available at an additional cost.

If you are seeking to license our designs for retail sales of stitch-outs (and/or stitched products) or redistribution of files, please review our licensing page and select the correct license when adding designs to your cart.

Copyright

All content and products appearing on this Web site are the property of Art of Embroidery, Copyright ©2005-2016. All rights reserved.

Digitizing

Art of Embroidery assumes no responsibility for determining the proper ownership or proper use of customer submitted artwork. By submitting artwork to Art of Embroidery, you certify that you are the creator and rightful owner of the art or you are authorized under license or other written permission for use of any copyrighted works or trademarks included within the artwork you submit. You assume full responsibility for any legal actions or damages caused, including but not limited to, legal fees, judgements, and expenses; Art of Embroidery, its affiliates, heirs, and assignees shall be held harmless, from and against all claims, liabilities and expenses. Art of Embroidery reserves the right to use images of work as samples in promotional materials without liability as to trademark, copyright, or other proprietary rights.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Art of Embroidery. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Art of Embroidery or any third-party, except as expressly granted herein.

Use Of Site

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Art of Embroidery and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Art of Embroidery believes that customer conduct violates applicable law or is harmful to the interests of Art of Embroidery and its subsidiaries or affiliates.

Privacy Policy

Personal information that you may submit to Art of Embroidery through this Web site is governed by the Art of Embroidery Privacy Policy. Art of Embroidery does not give your contact information, including name and e-mail address, to any persons or organizations except as required by court order or other legal procedure.

Consumer Agreement

By purchasing any designs or services from Art of Embroidery, you are accepting all responsibility and liability for incidents and accidents that may occur from the use of products where the said designs or services have been used.

Licensing

By use of this site and purchasing products contained within, you are agreeing to use the products only as licensed by your purchase. Please review the licensing conditions.

Shipping & Delivery

Design files are downloaded directly from our web-site. Patrons will be presented links to download their content after successfully completing the purchase.

Art of Embroidery sends custom design files via Internet to valid e-mail addresses only. Should the address you provide us fail, Art of Embroidery will make every attempt to find a valid destination.

Art of Embroidery ships design CD’s only to locations within the United States and will not ship to international locations.

Sales Tax

Art of Embroidery charges sales tax for certain products ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Return Policy

Due to the nature of digital distribution, Stock and Custom Embroidery Designs are not returnable or refundable.

Stock Designs

If there is an issue with a stock embroidery file that Art of Embroidery has provided you, we will resend the file to you at no charge within six months of purchase. If a functional or compatibility issue is discovered with a stock embroidery file, we will make every attempt to correct the issue within 15 days of purchase.

Custom Digitizing

If there is an issue with a custom digitized embroidery file that Art of Embroidery has created for you, we will resend the file to you at no charge within one year of purchase. After one year, a recovery fee of $13 applies.

If we advise you of an issue due to small text or details and you do not permit us to omit or resize the item in question, we will do our best to provide an acceptable design but we can not guarantee the results. If a functional or compatibility issue is discovered with a custom digitized embroidery file, we will make every attempt to correct the issue within 15 days of purchase.

Company Hours

Customer Service hours are 9 AM to 7 PM Eastern Time (USA), Monday through Friday.

We are not open for the following holidays:

Holiday Date
New Year Day January 1
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Last Thursday in November
Yule December 21
Christmas December 25

Miscellaneous

Payment Conditions

Payment for services or products is in United States Dollars by Credit Card, Cash, Check, Money Order, or via PayPal as defined on the individual site. Services or products will not be provided until payment has been received, except as exclusively arranged before sale of such services or products. Due to current banking fees, there is a $35 charge on any returned payments.

Void Where Prohibited

Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Art of Embroidery and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so wish and to limit the quantities of any products or services that they offer. Any offer for any product or service made in the materials on this Web site is void where prohibited.

Governing Law

In the event of litigation both parties agree that the Law of Pennsylvania shall apply and both parties consent to the jurisdiction of the state courts of Pennsylvania, USA. Both parties expressly waive a trial by jury.

These Terms and Conditions constitute the entire agreement between you and Art of Embroidery with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Art of Embroidery with respect to this Web site. No change of the Terms and Conditions shall be effective unless it is authorized by Art of Embroidery. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.