Terms of Service
Agreement between user and www.myfabricdesigns.com
Welcome to www.myfabricdesigns.com. The www.myfabricdesigns.com website (the "Site") is comprised of various web pages operated by My Fabric Designs ("MFD"). www.myfabricdesigns.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.myfabricdesigns.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.myfabricdesigns.com is a E-commerce Site offering offering custom printed fabrics for sale over the internet.
Visiting www.myfabricdesigns.com or sending emails to MFD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MFD is not responsible for third party access to your account that results from theft or misappropriation of your account. MFD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
MFD does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.myfabricdesigns.com only with permission of a parent or guardian.
All prices, unless indicated otherwise, are in US dollars. Prices and products are subject to change without prior notice at the sole discretion of MFD and orders can be cancelled if a product goes out of stock.
Title and risk of loss for any purchases pass to you upon delivery to our carrier. We reserve the right to ship partial orders at no additional cost to you.
Custom orders cannot be refunded unless there is a manufacturers defect in the material.
Intellectual Property/Copyright Notice
We respect the rights of copyright owners and we ask that you do the same. Please do not upload a design unless you are the creator of the design or you have the permission of the copyright owner(s). Using protected works is a violation of Federal law and our Company policy. MFD may terminate the account(s) of users for copyright or intellectual property violations.
If you believe your intellectual property rights have been violated by a user on MFD contact us with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright.
- Contact information: owner of the copyright, your name, address, telephone number and email address.
- A description of the copyright, trademark or other rights that have been allegedly infringed.
- A URL or description of where the content is located so that MFD can locate it.
- A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agents or the law.
- A statement by you, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Send all materials to our Intellectual Property Rights division by mail, email or fax.
Attn: Intellectual Property Rights
2517 Manana Dr
Dallas, TX 75220
MFD does not own anything you upload to our servers. You retain all rights to your artwork and intellectual property and you grant MFD and our designees a royalty-free, non-exclusive, worldwide, transferable license to perform the tasks necessary to provide our services.
By uploading a design you control if that design can be shared or sold on MFD. If your content is uploaded as a shared or sold design you grant MFD and our designees a royalty-free, non-exclusive, worldwide, transferable license to create works of, copy, sell, modify, publicly display, including photographing products made from the design and distribute the content in connection with the production or promotion of the service. Users may choose to remove their content for sale from the site at any time.
In using this site, you agree to NOT upload any image(s) that:
- is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, pornographic, profane, indecent, obscene, libelous, tortious, hateful, inflammatory, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable;
- infringes any patent, service mark, trade mark, trade secret, copyright, right of publicity or celebrity, privacy or other proprietary right of any party;
- contains software viruses or any other computer code, files, or programs intended or designed to disrupt, damage, or limit the functionality of the Site, hardware, software, or equipment or to damage or obtain unauthorized access to any data or other information of any third party or user of the Site;
- would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any international, national, state, or local law.
In using this Site, you also agree to:
- not upload, download, email, post or transmit otherwise any unauthorized or unsolicited promotional materials, advertising, junk mail, chain letters, spam, or any other type of solicitation regarding the service that may infringe any patent, service mark, trade mark, trade secret, copyright, right of publicity or celebrity, privacy or other proprietary right of any party;
- not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- not frame or link to the Site except as permitted in writing by us;
- not interfere or disrupt any user’s enjoyment of the Site or affiliated or linked websites;
- not collect or store personal information about any user(s) of the Site.
Seller Accounts/Royalty Agreement
MFD offers users the option to make their designs available to other users for purchase to print on fabric. By uploading a design you control if that design can be shared or sold on MFD. If your content is uploaded as a shared or sold design you agree to the following:
- MFD determines the price at which products are sold on the Site;
- MFD will pay you a royalty for all sales of public products using your design at the rate of fifteen percent (15%) of the retail price minus any coupon/discount used. Royalities for patterned multi-artist products are pooled and then divided equally;
- To provide tax information for reporting earnings to the IRS (Internal Revenue Service)
- To grant MFD and our designees a royalty-free, non-exclusive, worldwide, transferable license to create works of, copy, sell, modify, publicly display, including photographing products made from the design and distribute the content in connection with the production or promotion of the service;
- Some designs may not appear for sale on the Site;
- MFD may modify or make adjusts of your design as needed for the most favorable production;
- No commission will be earned for products that are returned or refunded.
MFD will pay you for the prior month’s sales within forty-five (45) days of the end of the month provided that your earnings have reached the payment threshold of $50. For earnings less than $50 we will hold the commission until the next pay period, or you may request a payment with a processing fee of $5.00 deducted. MFD will not release payments where a user has not provided the relevant tax documentation. Should your account become terminated or inactive MFD may, after a period of one-year, assess a termination fee equal to the unpaid royalties in your account.
Links to third party sites/Third party services
www.myfabricdesigns.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MFD and MFD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MFD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MFD of the site or any association with its operators.
Certain services made available via www.myfabricdesigns.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.myfabricdesigns.com domain, you hereby acknowledge and consent that MFD may share such information and data with any third party with whom MFD has a contractual relationship to provide the requested product, service or functionality on behalf of www.myfabricdesigns.com users and customers.
No unlawful or prohibited use
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MFD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit the Site or any software, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. We do not grant you any licenses, express or implied, to the intellectual property of MFD or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by MFD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MFD Content accessed through www.myfabricdesigns.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MFD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MFD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MFD in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MY FABRIC DESIGNS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MY FABRIC DESIGNS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MY FABRIC DESIGNS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MFD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MFD as a result of this agreement or use of the Site. MFD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MFD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MFD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MFD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MFD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
MFD reserves the right, in its sole discretion, to change the Terms under which www.myfabricdesigns.com is offered. The most current version of the Terms will supersede all previous versions. MFD encourages you to periodically review the Terms to stay informed of our updates.
MFD welcomes your questions or comments regarding the Terms:
My Fabric Designs
10495 Olympic Drive
Dallas, Texas 75220
Email Address: firstname.lastname@example.org
Telephone number: 1-855-893-9997
Effective as of March 19, 2015