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Last updated: March 30, 2022
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Slovak Republic
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BALARAD, s.r.o., Orgovanova 6, 08001 Presov, Slovak Republic.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Products refer to the products or items offered for sale on the Service.
Program refers to the electronic computer programs offered on the Service for download and installation.
Software refers to the Program.
Orders mean a request by You to purchase Products from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Website refers to Embird Online Store, accessible from www.embird.net
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
The Software is protected by copyright laws and international treaties and may only be used in accordance with the license terms.
Do not install or use the Software until you have read and accepted all of the warnings and license terms. Permission to use the Software is conditional upon you agreeing to the license terms. Installation or use of the Software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with Company.
The installation of this program will install files necessary to operate the program onto your computer. Other system files, such as .DLLs may be installed or updated and Windows registry entries will be made. Uninstalling the program will not remove all of the installed files or registry entries. As with all installations, it is recommended that you back up your hard drive before you install this program.
Program installed on computer with Internet connection will regularly download from Company server the list of illegal passwords. Copies that use illegal passwords will be switched to unregistered mode. It will be not possible to disable downloading of illegal passwords. During this operation program will not send any information out of the user's computer.
GRANT OF LICENSE. Company grants to you a non-exclusive right to use the Software during the term of the test evaluation period in accordance with the terms contained in this license. You agree to allow this Software to store small amounts of information necessary to protect the Software against unauthorized use, and you acknowledge that Company will not disclose any information related to removing or overcoming such anti-piracy information stored in your system at any time.
OWNERSHIP OF SOFTWARE. Company and its suppliers retain the copyright, title and ownership of the Software and the written materials.
TERM. This License commences upon the installation of the Software and is effective until terminated by Company. Company may terminate this License for any reason or for no reason. Company may have included code in the Software that will cause the Software to terminate automatically after a certain date or after a certain number of uses. Such termination may occur without notice to you. Upon termination you shall remove the Software from your computer(s).
PERMITTED USES. You may use this Software on a single computer, but may transfer it to another computer as long as the other computer is owned by you and as long as it is used on only one computer at a time.
NON-PERMITTED USES. You may not lend, lease, rent, sub-license or otherwise distribute any portion of this Software. You may not translate, reverse program, disassemble or decompile this Software.
FREE DESIGNS INCLUDED IN SOFTWARE. Free designs included in Software are intended for testing Software features, either in registered or in demo mode of Software. Free designs included in Software may not be sold, given, lend or otherwise disseminated without permission of Company. Registered users of Software may sell garments embroidered with Free designs included in Software. Any use of Free designs included in Software other than specified above must be licensed by Company.
THIRD PARTIES. Any user of this Software should adhere to applicable license agreements of all third parties. This product is not intended to be used to violate copyright laws, trademarks or other rights of third parties.
This Software and accompanying documentation (including instructions for use) are provided "as is" without warranty of any kind, further, Company does not warrant, guarantee, or make any representations regarding the use, or the results of use, of the software or documentation in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the Software is assumed by you. If the software or written materials are defective, you, and not Company or its dealers, distributors, agents, or employees, assume the entire cost of all necessary servicing, repair or correction. To the maximum extent permitted by law, Company provides this software without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. No oral or written information or advice given by Company, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice. You may have other rights which vary from state to state.
Neither company nor anyone else who has been involved in the creation, production or delivery of this product shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use such product even if company has been advised of the possibility of such damages.
Company does not guarantee correct processing of any TrueType or OpenType font in embird font engine plug-in. Truetype and opentype fonts are not originally designed for conversion into embroidery designs, therefore the quality of conversion may vary from character to character even within the same font. The inability of font engine to create embroidery design from any font or character is not considered as a reason for money refund.
In no event will Company's liability for any damages to you or any other person exceed the amount paid for the license to use the Software.
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, 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 or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Any Products you purchase can only be returned or refunded in accordance with the Return / Refund Policy.
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, Google Pay for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
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, the Promotion rules will apply.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. 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, or a name that is otherwise offensive, vulgar or obscene.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Purchases from residents of EU are charged VAT (Value Added Tax).
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to 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 those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us using this page on our website: https://www.embird.net/contact.htm
Copyright © BALARAD s.r.o. All Rights Reserved.
