Terms and Conditions
THE ESEWINGWORKSHOP.COM ONLINE LEARNING COMMUNITY WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY SIGNING-UP TO THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS ESEWINGWORKSHOP.COM MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
1. Contact Information.
2300 Yonge Street, #1600
Toronto, ON, Canada, M4P 1E4
- “eSewingWorkshop.com,” “Website” or “Site” refers to the website maintained on the World Wide Web by eSewingWorkshop.com, available at http://www.eSewingWorkshop.com
- “Online Learning Community” or “OLC” means the membership-based database of audiovisual works that is available through eSewingWorkshop.com and is part of eSewingWorkshop.com.
- “User” refers to any party who accesses the Site including the OLC.
- “Member” refers to any party who accesses the online learning community.
- “Access” means accessing, viewing the content or otherwise obtaining information located at the online learning community.
- “Agreement” refers to these terms and conditions of use and any subsequent modification.
3. Acceptance of Terms.
User is solely responsible for providing the equipment related to Accessing the Site, including all computers, remote communications equipment, telephone or other equipment.
4. Authorized Use.
eSewingWorkshop.com, hereby grants to You a non-exclusive license to use and Access the content and information available at the OLC according to the provisions contained herein and subject to the payment of the applicable membership fees and adherence to the terms of the this Agreement.
The rights granted under this Agreement are effective only upon payment of the membership fees, which are strictly non-refundable other than as expressly provided herein. The term "monthly membership" is defined as any 30 day period. The monthly membership will be renewed automatically each 30 day period unless You cancel the membership renewal. The term "annual membership" is defined as one 365 day period. A annual membership terminates automatically at the conclusion of each 365 day period.
6. Access to the OLC.
eSewingWorkshop.com, strives to provide the OLC to its Members on a continuous basis. To that end, eSewingWorkshop.com, will take all commercially reasonable efforts to provide uninterrupted Access to the OLC to its Members. However, from time to time, Members may be unable to Access the OLC due to conditions beyond eSewingWorkshop.com, ’s control. Such conditions include, but are not limited to: Force Major or Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OLC to its Members, eSewingWorkshop.com, will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially reasonable shall be determined solely by eSewingWorkshop.com,
eSewingWorkshop.com, endeavors to provide the highest quality content to its Members. To that end, eSewingWorkshop.com, reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site and the OLC, including, without limitation, the content, availability, Access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.
7. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site; adversely affects eSewingWorkshop.com, ’s computers or databases;
- Otherwise engage in any action which eSewingWorkshop.com, determines is detrimental to the use and enjoyment of the Site.
- Capture, download, save, upload, otherwise retaining information and content available on the OLC other than what it expressly allowed by the terms of this Agreement;
- Permit or provide others Access to the OLC using Your username or password or otherwise.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site;
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; “deep link” to the Site content;
- Violate eSewingWorkshop.com, ’s security mechanisms, Access any data or server You are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device or other means to harvest information about other Users.
In order to ensure that Users of the Site do not engage in Prohibited Conduct, eSewingWorkshop.com, reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OLC to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the OLC beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OLC and will result in revocation or denial of Access to the OLC. The terms “normal patterns” and “abuse” shall be determined solely by eSewingWorkshop.com,
eSewingWorkshop.com, warrants that the software that allows Users to Access the OLC (“Software”), if operated as directed, will substantially achieve the functionality described. eSewingWorkshop.com, does not warrant, however that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
eSewingWorkshop.com, also warrants that the media containing the Software, if provided by eSewingWorkshop.com, is free from defects in material from the date You acquired the Software. eSewingWorkshop.com, 's sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace Your defective media or Software; or (ii) to advise You how to achieve substantially the same functionality with the Software as described; or (iii) if the above remedies are impracticable, to refund the membership fee You paid for the Software. Only if You inform eSewingWorkshop.com, of Your problem with the Software within thirty (30) days of discovering the problem will eSewingWorkshop.com, be obligated to honor this warranty. eSewingWorkshop.com, will use commercially reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described.
Although eSewingWorkshop.com, has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
9. Disclaimer and Limitation of Liability.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ESEWINGWORKSHOP.COM, INC OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT ESEWINGWORKSHOP.COM, RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL ESEWINGWORKSHOP.COM, BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ESEWINGWORKSHOP.COM, RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ESEWINGWORKSHOP.COM, SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ESEWINGWORKSHOP.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. ESEWINGWORKSHOP.COM, IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF ESEWINGWORKSHOP.COM, INC IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.
10. Third Party Content.
You acknowledge that eSewingWorkshop.com, does not pre-screen third party materials. eSewingWorkshop.com, is not the publisher or speaker of any information on the Site that is provided by third party content providers, and eSewingWorkshop.com, is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by eSewingWorkshop.com, eSewingWorkshop.com, assumes no responsibility for those products or services.
eSewingWorkshop.com, may contain links and references to other third party websites and materials. eSewingWorkshop.com, does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. eSewingWorkshop.com, does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. eSewingWorkshop.com, reserves the right to terminate any link or remove any reference found on the Site at any time.
ESEWINGWORKSHOP.COM, MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, ESEWINGWORKSHOP.COM, DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
11. Copyrights and Trademarks and other Proprietary Rights.
eSewingWorkshop.com, or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by eSewingWorkshop.com, or a third party who licensed the right to use such content to eSewingWorkshop.com, Unless otherwise expressly noted, nothing that You read or see on the Site or in the OLC may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of eSewingWorkshop.com, except as provided in this Agreement.
User agrees to defend, indemnify and otherwise hold harmless eSewingWorkshop.com, and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s Prohibited Conduct or other improper or illegal use of the Site.
Users are prohibited from violating or attempting to violate the security of the Site. eSewingWorkshop.com, will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Online learning community. In order to protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site.
14. Termination of Agreement.
In addition to eSewingWorkshop.com, ’s other rights, it may terminate this Agreement at any time and at its discretion. eSewingWorkshop.com, may also terminate Access to the OLC or cancel memberships to the OLC without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, engaged in conduct that eSewingWorkshop.com, deems inappropriate, for its convenience or for any other reason.
In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 6, 8, 10, 11, 12, 13, 14, and 17 shall survive. Your obligations to pay outstanding membership fees shall survive any termination of this Agreement.
15. Privacy Statements.
eSewingWorkshop.com, values Your trust. In order to honor that trust, all of eSewingWorkshop.com, ’s employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information eSewingWorkshop.com, collects is: name, address, city, state, postal code, telephone number, and e-mail address. eSewingWorkshop.com, does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified eSewingWorkshop.com, employees. Third parties who need access to eSewingWorkshop.com, User information in order to provide operational or other support services are required by eSewingWorkshop.com, to comply with our high standards of security. We gather only the User information that is needed to administer our business and enhance and improve our services.
17. GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement is governed by Ontario law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and eSewingWorkshop.com, shall be finally resolved through binding arbitration in Toronto, Ontario and each User consents to exclusive jurisdiction and venue in Toronto for such purpose. Any dispute arising out of this Agreement shall be governed by the laws of the Province of Ontario, Canada, notwithstanding any conflicts of law principles.
If any court of competent jurisdiction holds any provisions of this Agreement invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement will remain in full force and effect. eSewingWorkshop.com, ’s failure to insist on strict performance of any of the terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. You agree to comply with all applicable laws, including any international laws, in using this Site.