Terms of Use

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Due to the electronic nature of the file, NO REFUNDS will be given. However, if for any reason you are unhappy with the design, please contact me as I am always happy to help!

These applique embroidery designs are not to be altered, resold, resized, or changed in any way. There is no guarantee what the quality of the design will be if it is altered.


COPYRIGHT STATEMENT:
HoopMama Designs, LLC owns the copyright to this file. By purchasing you are agreeing to the following terms and use:

You may use our designs to make and sell items for personal use or your business use. You MAY NOT resell this design or use any part of it to create other designs for purchase.

All items include small business use up to 200 uses. Please contact us for information on extended licenses.

Items must be assembled by the owner of the business and cannot be outsourced or mass produced.

 

Welcome to HoopMama Designs, LLC!

These terms and conditions outline the rules and regulations for the use of HoopMama Designs, LLC's Website.
HoopMama Designs, LLC is located in Texas, United States

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use HoopMama Designs, LLC's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using HoopMama Designs, LLC's website you consent to the use of cookies in accordance with HoopMama Designs, LLC’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, HoopMama Designs, LLC and/or it’s licensors own the intellectual property rights for all material on HoopMama Designs, LLC All intellectual property rights are reserved. You may view and/or print pages from https://www.hoopmamadesigns.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from https://www.hoopmamadesigns.com
  • Sell, rent or sub-license material from https://www.hoopmamadesigns.com
  • Reproduce, duplicate or copy material from https://www.hoopmamadesigns.com

Redistribute content from HoopMama Designs, LLC (unless content is specifically made for redistribution).

PART I – COMMERCIAL LICENSE

YOU MAY:

  1. Use the licensed product to create a derivative work that you may sell or profit from.
  2. Design projects for customers that will be the end user of the product. Projects may include products such as cards, invitations, candy bar wrappers, scrapbook pages/albums, websites, etc.
  3. Complete design work for samples, examples, and for resale.
  4. Use the licensed product to create word art, quotes, vinyl lettering designs, etc.(These examples are not to be considered a complete list, but are used as illustrations of permissible usage. Product must always be protected so that it cannot be duplicated. Proper recognition must be given to HoopMamaDesigns.com and the artist must retain the rights to the derivative work. )

 

 

PART II – RESTRICTIONS

YOU MAY NOT:

Share, loan, rent, resell, or distribute the products

Outsource designs for mass production on garments.

Install and use the Product on more than one computer at a time.

Make copies of the Product other than for back-up purposes.

Copy or alter by electronic means, reproduce, modify, or create derivative works from the Product for the purpose of resale or distribution in any format.

Use the Product to make Digitalized Embroidery designs for resale or distribution.

Use the Product to make Rubber Stamps for resale or distribution.

Use the Product to make Cross stitch kits for resale or distribution.

Use the Products to Fabric or Panels for resale or distribution.

Use the Products to create a derivative work intended for resale as a Digital Product. Including but not limited to Digital Prints PDF/JPEG/PNG Images.

Use the Product to make Scrapbook Kits for resale or distribution.

Use the Product to produce vinyl lettering or other cuttable/printable Product for resale or distribution.

Add the Product to Software Programs for resale or distribution.

Add the Product to books or other educational Product for resale or distribution.

Use the Product to make candy wrapper designs or Product for resale or distribution.

Use the Product to design website pages other than your own personal website pages. If you use them for your own personal website pages you must protect the images from being copied or downloaded.

Use the Product to make any product images into tubes, brushes or other format variation for resale or distribution.

Offer any product images on any cloud or webpage for download, distribute them through a group or social media site such as Facebook or Pinterest or include them in any graphics collection either on the Internet or otherwise.

Obtain any HMD Product through fraud or any deceptive manner. This would include taking unfair advantage of a software error or marketing offer. If such occurs and the deceptive manner is egregious, HoopMama Designs, LLC reserves the right to remove offending purchases or to suspend your customer account.

Use the Product in a manner that competes with HMD's business.

Use the Product in a way that depicts any person therein in a way that a reasonable person might find offensive - this includes, but is not limited to the use of Product a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.

Sell your derivative works on sites like Etsy, Ebay, CafePress, Zazzles, or Spoonflower.  We reserve judgment to what sites fit that description.

PART II – LIMITATIONS

THE LIMITATIONS FOR COMMERCIAL USE INCLUDE:

  1. A maximum of $200 resulting from the sale of the derivative work. Contact us for a separate Business License If sales of a derivative work reach more than $200
  2. Only the licensee may sell or generate commercial value for the derivative work. The derivative work cannot be resold or relicensed to another individual or company for resale.
  3. These files are to be considered a design tool rather than a final design product. They are licensed to the purchaser only and are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page in their original form. The purchaser has a license to create derivative designs using these files - but is not licensed to re-distribute them either physically or digitally in their original format.
  4. The license is for individual designers and not for companies with multiple employees.
  5. Companies or individuals who do not meet the limitations or have additional special applications and wish to obtain a business license must contact HoopMama Designs, LLC directly for specific licensed uses.Cut files (cutting files, cut-it files, or any file intended to be cut) may be used to sell finished physical product cut out of paper, vinyl, or other materials.  They need not be part of a derivative product, but under no circumstance may the cutting file by sold or by allowed to be downloaded.  This includes all formats of cutting files, including .pdf files. We do not allow the sale of pre-cut kits for assembly by the consumer.
  6. The products you create using our cuts can be sold locally (in your city,) with no restrictions or on your own website.  However, we do not allow sales on sites like Etsy, Ebay, CafePress, Zazzles.

User Comments

  1. This Agreement shall begin on the date hereof.
  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. HoopMama Designs, LLC does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of HoopMama Designs, LLC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws HoopMama Designs, LLC shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
  3. HoopMama Designs, LLC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  4. You warrant and represent that:
    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
    4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  5. You hereby grant to HoopMama Designs, LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments and Reviews in any and all forms, formats or media.

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    • Government agencies;
    • Search engines;
    • News organizations;
    • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    • dot.com community sites;
    • associations or other groups representing charities, including charity giving sites,
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms whose primary clients are businesses; and
    • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of HoopMama Designs, LLC; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to jeanna@hoopmamadesigns.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

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