Terms & Conditions

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Quiltster, Inc. The collective work includes works that are licensed to Judy Niemeyer Quilting. Permission is granted to electronically copy and print hard copy portions of this site with a subscription membership. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Quiltster, Inc. or to purchase Quiltster, Inc. or partner products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Quiltster, Inc. and its partners. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Quiltster and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Quiltster.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Billing and Membership

By starting a Quiltster Inc. membership, you are expressly agreeing that Quiltster Inc. is authorized to charge your Payment Method for subscription services made on the website. You are responsible for any taxes or fees associated with website purchases. All fees and charges are nonrefundable. If you are the victim of identity theft and your website account is involved, you should immediately notify customer service. You should also report the instance to your credit card issuer and local law enforcement agency. Quiltster Inc. reserves the right to place any account on hold at any time with or without notification to the member in order to protect itself or its partners from what it believes to be fraudulent activity. Quiltster Inc. is not obligated to credit or discount your membership for holds placed on your account. Quiltster Inc. may provide refunds or credits to Members at sole discretion of the company. If your payment method for any reason does not accept the subscription charges, you are responsible for any uncollected amounts.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Quiltster cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Quiltster customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Quiltster with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Quiltster to charge all Subscription fees incurred through your account to any such payment instruments. You are expressly authorizing Quiltster Inc. to charge your payment method to renew membership if subscription term ends and you have not cancelled subscription.

Should automatic billing fail to occur for any reason, Quiltster will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Cancellation & Termination

You may cancel your membership to Quiltster Inc. at any time in the Account Menu. You will have access to your account through the end of the current billing cycle for your chosen plan. Once the current billing cycle has passed, the account is terminated and you will no longer be able to access Quiltster without a paid subscription. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR UNUSED TIME IN SUBSCRIPTION TERMS. In no event shall Quiltster Inc.'s liability to Members or Users for any damages resulting from inability to use website or service exceed the amount of one month's subscription on Member's subscription plan. Quiltster Inc. reserves the right to terminate your account for any or no reason.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Once an account is terminated by Quiltster, the Member will not be able to access it. Any content submitted by Member may or may not also be deleted. User will not have access to content submitted by the Member that is not marked as "public." Quiltster Inc. is not obligated to forward any of Member's submitted content, account information, or other data related to Member's account to Member or a third party. Upon account termination, Quiltster Inc. will not be obligated to provide content, website services, or granted rights to Member. Termination of an account does not affect user's obligations to Quiltster Inc.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Free Trial

Quiltster may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Quiltster until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Quiltster reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Quiltster, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Quiltster will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Trademarks

All trademarks, service marks and trade names of Quiltster, Inc. used in the site are trademarks or registered trademarks of Quiltster, Inc.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Judy Niemeyer Quilting and Quiltster, Inc. disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Quiltster, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Quiltster, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

In the event that a Quiltster, Inc. product is mistakenly listed at an incorrect price, Quiltster, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Quiltster, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Quiltster, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

General Terms

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Quiltster, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Quiltster, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Quiltster, Inc.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. Quiltster’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Quiltster, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Quiltster, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Quiltster, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Quiltster, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Quiltster, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Quiltster, Inc. in its sole discretion.

Indemnification

You agree to defend, indemnify and hold harmless Quiltster and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability

In no event shall Quiltster, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Third-Party Links

In an attempt to provide increased value to our visitors, Quiltster, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Quiltster, Inc., Quiltster, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Quiltster, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Quiltster, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Gift Subscriptions Terms of Use

Gift Subscriptions are pre-paid memberships to Quiltster.com and are redeemable on the Quiltster.com website. Subscriptions purchased as gifts will be presented to the recipient in the form of a coupon code redeemable for the amount of months chosen at purchase by the gifter. Coupon codes for gift subscriptions do not expire and are not subject to any dormancy fee or other fees for non-use.

Redemption of Gift Subscriptions

Recipients must have or open a Quiltster account and accept the Terms and Conditions and Privacy Policy to redeem a coupon code for a gift subscriptions.

If the recipient is a current Quiltster subscriber, the coupon may be added to the existing account and will be applied at the turn of the next billing cycle based on the current active subscription plan.

Cancelling Gift Subscriptions

The recipient can cancel their gifted subscription at any time, but there is no refund or credit for partially used periods. To renew, the recipient can go to the Account Menu, click on the Keep Subscription button or Contact Us directly for assistance.

If the recipient does not wish to renew their Quiltster subscription beyond the gift subscription term, they must manually cancel the account prior to the first chargeable billing cycle which is the first month that immediately follows the gift subscription term. If no cancellation takes place, the recipients Quiltster subscription will automatically begin billing using the credit card that was applied to the recipient account upon coupon code redemption.

General Terms of Gift Subscriptions

Gift subscription purchase and use are subject to Quiltster’s Terms and Conditions and Privacy Policy. Quiltster is not responsible if a coupon code is lost, stolen or used without your permission. Refunds or other forms of credit will not be issued for gift subscriptions that are not redeemed. Quiltster will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained gift subscription is redeemed and/or exchanged for products and services on the Site.

Limitations of Gift Subscriptions

Gift subscriptions are not redeemable or refundable for cash, are subject to applicable law, cannot be resold or combined with any free or special offers, or exchanged for another gift subscription. Gift subscriptions may not be exchanged for physical goods, including but not limited to patterns and fabric sold on or associated with Quiltster.com.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.