Terms of Use

Terms of Use

1. Acceptance of Terms
2. Intellectual Property; Limited License to Users 
3. AvatarEmbroidery Trademarks 
4. Product or Services and Prices 
5. Information You Provide 
6. Limitations and Prohibited Uses 
7. Restriction and Termination of Use
8. Optional tools and Links to Third Party Sites and
9. Warranties and Disclaimers 
10. Indemnification
11. Miscellaneous 

1. Acceptance of Terms

1.1 You agree to and are bound by the following terms and conditions (“Terms of Service”, “Terms”) including those additional terms and conditions and policies referenced herein and/or additional terms that Art and Technology Co.,Ltd. (“AvatarEmbroidery”) may publish from time to time (collectively, the “Terms of Use”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2. AvatarEmbroidery may change these Terms of Use from time to time and any new features or tools which are added to the current store shall also be subject to the Terms of Use. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to AvatarEmbroidery’s website. It is your responsibility to check this page periodically for change. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of AvatarEmbroidery to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

1.3 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in you state or province of residence and you have given AvatarEmbroidery your consent to allow any of your minor dependents to use this site. 

1.4 You may not use AvatarEmbroidery’s products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws.) 

1.5 You must not transmit any worms or viruses or any code of a destructive nature. And a breach or violation of any of the Terms will result in an immediate termination of your service. 

1.6 The heading used in this agreement is included for convenience only and will not limit or otherwise affect these terms. 

1.7 AvatarEmbroidery does not guarantee a minimum or maximum number of items, nor does AvatarEmbroidery guarantee that items that are available right now, wil remain available in the future. 

2. Intellectual Property; Limited License to Users

2.1. Subject to your compliance with these Terms of Use, any applicable license agreement with AvatarEmbroidery, and the law, you may access and use the Site. AvatarEmbroidery remains the sole owner of all rights, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. AvatarEmbroidery may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in AvatarEmbroidery’s sole discretion. AvatarEmbroidery provides the Site on an “as is” and “as available” basis.

2.2 All files offered are ownership of their respective creators. On the product page it’s listed who this is. When you purchase a digital download your purchase 1 single license for up to 3 of your devices unless you license states otherwise. This license, called the AvatarEmbroidery License, grants you the right to use the files for as long as you are a active paying subscriber, but you never buy the full rights and ownership over these files. AvatarEmbroidery is allowed to retroactively update the terms and conditions of AvatarEmbroidery’s License and apply this on past and future purchases. 

2.3. All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the ” AvatarEmbroidery Content”), as well as the selection and arrangement of the AvatarEmbroidery Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any AvatarEmbroidery Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and AvatarEmbroidery, AvatarEmbroidery does not grant any express or implied permission to use the Site or any AvatarEmbroidery Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any AvatarEmbroidery Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or AvatarEmbroidery Content.

2.3. Unless you enter into a license agreement with AvatarEmbroidery you may not download, distribute, display and/or copy any AvatarEmbroidery Content.

2.4. You may not remove any copyright notices contained in the AvatarEmbroidery Content.

2.5 You agree to respect the license agreement associated with your account. This license will remain active forever, even after cancellation of your subscription / account or our cancellation of the service. After you stop you subscription. We are not allowed to use the downloaded items to create new work. Breaching of this clause will result in a $500 compensation per breach. 

3. AvatarEmbroidery Trademarks

3.1. For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by AvatarEmbroidery.

3.2. Nothing contained herein grants or shall be construed to grant you any rights to use any AvatarEmbroidery Trademark, unless expressly conferred by these Terms of Use.

3.3. You agree that you will not use AvatarEmbroidery’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or AvatarEmbroidery.

3.4. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of AvatarEmbroidery Trademarks or the Trademark rights claimed by AvatarEmbroidery.

3.5. You agree that you will not use any AvatarEmbroidery Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

3.6. You may not at any time, adopt or use, without AvatarEmbroidery’s prior written consent any word or mark which is similar to or likely to be confused with AvatarEmbroidery’s Trademarks.

3.7. The look and feel of the AvatarEmbroidery website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of AvatarEmbroidery and may not be copied, imitated or used, in whole or in part, without the prior written consent of AvatarEmbroidery.

3.8. All other trademarks, product names, and company names or logos used or appearing on the AvatarEmbroidery website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AvatarEmbroidery, unless expressly so stated.

3.9. You may not use an AvatarEmbroidery trademark, logo, Image or other proprietary graphic of AvatarEmbroidery to link to the AvatarEmbroidery website without the prior written consent of AvatarEmbroidery.

3.10. You may not frame or hotlink to the AvatarEmbroidery website or any Image without the prior written consent of AvatarEmbroidery.

4. Product or Services and Prices

4.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to AvatarEmbroidery return policy. 

4.2 AvatarEmbroidery have made every effort to display as accurately as possible the colors and images of our product that appear at the store. AvatarEmbroidery cannot guarantee that your computer monitor’s display of any color will be accurate. 

4.3 AvatarEmbroidery reserves the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. AvatarEmbroidery may exercise this right on a case-by-case basis. AvatarEmbroidery reserves the right to limit the quantities of any products or services that AvatarEmbroidery offers. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of AvatarEmbroidery. AvatarEmbroidery reserves the right at any time without notice, at the sole discretion of AvatarEmbroidery. AvatarEmbroidery reserves the right to modify or discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. 

4.4 AvatarEmbroidery does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. Or that any errors in the Service will be corrected. 

4.5 All items offered on the site are copyright by their respective owners. This may be AvatarEmbroidery or this may be 3ed party designers/creators/developers. AvatarEmbroidery is allowed to issue that work of designers under our license. 

4.6 AvatarEmbroidery reserves the right to refuse any order you place with AvatarEmbroidery. AvatarEmbroidery may, in AvatarEmbroidery’s sole discretion, limit or cancel quantities purchased per person, per household or per order. This restriction may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that AvatarEmbroidery makes a change to or cancel an order, AvatarEmbroidery may attempt to notify you by contacting the e-mail and/or billing address/ phone number provided at the time the order was made. AvatarEmbroidery reserves the right to limit or prohibit orders that, in AvatarEmbroidery’s sole judgment, appear to be placed by dealers, resellers or distributors. 

4.7 You agree to provide current, complete and accurate purchase and account information for all purchases made at AvatarEmbroidery’s store. You agree to promptly update your account and other information, including your email address and credit card number and expiration dates, so that AvatarEmbroidery can complete your transactions and contact you as needed.   

5. Information You Provide

5.1. AvatarEmbroidery (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to AvatarEmbroidery subject to your agreement with the applicable third-party platform. AvatarEmbroidery’s collection and use of all such information shall at all times conform to this Terms of Use, the AvatarEmbroidery Privacy Policy, and applicable law.

5.2. AvatarEmbroidery will use and protect your personal information, such as your name and address, in accordance with the AvatarEmbroidery Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

5.3 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various network: and (b) changes to conform and adapt to technical requirements of connection networks or devices. Credit card information is always encrypted during transfer over networks. 

6. Limitations and Prohibited Uses

6.1. You agree that you shall not:

6.1.1 Engage in any conduct that shall constitute a violation of any law or that infringes the rights of AvatarEmbroidery or any third party.

6.1.2 Violate any applicable laws or regulations related to the access to or use of the Site or engage in any activity prohibited by these Terms of Use.

6.1.3 Violate the rights of AvatarEmbroidery or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

6.2. In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content:

6.2.1 for any unlawful purpose

6.2.2 to solicit others to perform or participate in any unlawful acts

6.2.3 to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances

6.2.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

6.2.5 to submit false or misleading information

6.2.6 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet

6.2.7 to collect or track the personal information of others

6.2.8 to spam, phish, pharm, pretext, spider, crawl, or scrape

6.2.9 for any obscene or immoral purpose

6.2.10 to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

AvatarEmbroidery reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

6.3 You may never resell or redistribute the digital source files unless explicitly state, you received written permission from AvatarEmbroidery, the designer or purchased a separate license allowing you to do so. When deliberately breaching this clause, you agree that this will result in a $1,000 fine per breach, with a minimum fine of $10,000. 

7. Restriction and Termination of Use

7.1 AvatarEmbroidery reserves the right to refuse service to anyone for any reason at any time. AvatarEmbroidery may block, restrict, disable, suspend, or terminate your access to all or part of the Site and/or AvatarEmbroidery Content at any time in AvatarEmbroidery’s discretion, without prior notice or liability to you. Any conduct by you that, in AvatarEmbroidery’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

7.2 You agree no to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, us of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

8. Optional tools and Links to Third Party Sites and

8.1 AvatarEmbroidery may provide you with access to third party tools over which we neither monitor nor have any control no input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions or any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools. 

8.2 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

8.3 AvatarEmbroidery may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or service shall also be subject to these terms of Use. 

8.4 In the event that the Site is available through any third-party platform, or if AvatarEmbroidery provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that AvatarEmbroidery makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of AvatarEmbroidery, and AvatarEmbroidery provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by AvatarEmbroidery.

9. Warranties and Disclaimers

9.1 Your use of the Site is at your own risk. The Site is provided by AvatarEmbroidery under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. AvatarEmbroidery expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, AvatarEmbroidery makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. AvatarEmbroidery makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that AvatarEmbroidery will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

9.2 AvatarEmbroidery is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

9.3 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to AvatarEmbroidery’s site. 

9.4 AvatarEmbroidery is not responsible for wrong categorization of items, missing or damaged downloads or install files. AvatarEmbroidery cannot be hold responsible under any circumstance for damage that may or not have been caused by download, installing or using AvatarEmbroidery’s site or any on the items offered on AvatarEmbroidery’s site. 

10. Indemnification

10.1 You agree to defend, indemnify and hold harmless AvatarEmbroidery, its subsidiaries, affiliates, licensors, employees, agents, partners, officers, directors, contractors, licensors, service provides, submitters and independent contractors, suppliers, interns, employees and third party information providers against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees), made by any third-party due to or arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the AvatarEmbroidery Content, or your violation of any rights of another.

11. Miscellaneous

11.1. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be served from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

11.2. These Terms of Use and separate agreements whereby AvatarEmbroidery provide you services shall be governed by and shall be construed in accordance with the laws of Thailand, without respect to its conflict of laws principles.

11.3. In the event of any conflict between these Terms of Use and any license agreement you enter with AvatarEmbroidery, the terms of such license agreement shall control.

11.4. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these