Terms of Use of our Fabric Dyeing Recipes
You agree to use our recipes according the following Terms and Conditions
Terms and conditions of using our fabric dyeing recipes
SPECTRUM FABRIC DYEING
WEBSITE SALES AND TERMS OF SERVICE AGREEMENT
This Website Sales and Terms of Service Agreement (the “Agreement”) contains the terms and conditions that govern your use of the Spectrum Fabric Dyeing (“Spectrum”) services defined below, and your use of Spectrum’s Website, dyerecipes.com (the “Website”). This Agreement describes your rights and responsibilities and what you can expect from Spectrum and the Website. Use of the Website constitutes your acceptance of this Agreement.
Spectrum reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice or a new agreement on the Website. In the event of substantive changes to this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the Spectrum Service (as defined below). Your continued use of the Website following posting of a change notice or new Agreement on the Website will constitute your binding acceptance of the changes.
1. The Spectrum Service. Spectrum provides users with the ability to purchase, through the Internet, specific pre-composed and custom formulated fabric dyeing recipes for cotton, linen, wool, silk, rayon, and blended fabrics, yardage, garments and apparel (the “Recipes”). The Recipes sold by Spectrum on the Website are intended to be used with the specific garment type and fabric composition pictured for the specific recipe on the Website. By way of example and for purposes of clarity, if you purchase the recipe entitled Wedding Dress, Porcelain Blue Pantone 14-4512 from the Website, the recipe is intended to be used only for fabrics, yardage, garments or material that are 100 percent silk.
2. Use of the Web Site, the Service, and the Recipes
2.1 Eligibility. Spectrum only provides the Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. The Service is not intended for children under the age of 13.
2.2 Compliance with this Agreement and Applicable Law. You must comply with all of the terms and conditions of this Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Spectrum Service and the Website.
2.3 Limited License to Use the Service and Website.
a. Spectrum solely and exclusively owns all intellectual property and other rights, title and interest in and to the Service and Website, except as expressly provided for in this Agreement. Spectrum owns the trademark to the Spectrum service mark and the affiliated domains, including spectrumfirm.com and dyerecipes.com; the copyrights in and to the Website; and certain technology used in providing the Service. You will not acquire any right, title or interest therein under this Agreement or otherwise to any intellectual property owned by Spectrum.
b. Subject to the terms of this Agreement, when you “checkout” or otherwise submit your purchase for Recipes from the Service, Spectrum grants you a non-exclusive, world-wide, revocable, non-transferable limited right and license to download and use such Recipe(s) for both personal and commercial use and to access and use the Website and the Service for its intended purposes. However, this license does not include the right to resell the Recipes to third parties without our prior consent. If you would like to become a distributor of our Recipes to resell them to third parties, you must contact us for a separate license. You may not collect or use information contained on the Website for purposes prohibited by Spectrum, such as to compete with Spectrum, to create Derivative Works (defined below) based on the Recipes or the content of the Website; or download or copy the Website (other than page caching). If you use the Recipes or the Website in a manner that exceeds the scope of this license or you breach this Agreement, Spectrum may revoke the license granted to you. All sales are final. No refunds or exchanges will be honored by Spectrum. “Derivative Works” as used in this Agreement means: (i) for copyrightable or copyrighted material, any translation (including translation into other computer languages), port, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; (b) for patentable or patented material, any improvement thereon; and (c) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected by copyright, patent and/or trade secret.
2.4 Intended Use of the Recipes. THE RECIPES ARE INTENDED FOR PROFESSIONAL USE ONLY. Only fabric dyeing professionals that have skill, knowledge and experience in handling chemicals that may be harmful to the skin, human health and/or the fabric, yardage, garment or apparel being treated should use the Recipes. If you are unsure if you possess the necessary skill, knowledge and experience to handle the Recipes, immediately discontinue use and seek the assistance of a fabric dyeing professional.
2.5 Third-Party Services. Spectrum may use third parties to provide certain services accessible through the Website. Spectrum does not control those third parties or their services, and you agree that Spectrum will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Agreement when you use those services. If any such terms or policies conflict with this Agreement, you must comply with Spectrum’s Agreement.
3. General Rules
3.1 Prohibited Use. You may only use the Recipes and Service as expressly permitted by Spectrum. You may not cause harm to the Website or the Service, including but not limited to (i) interfering with the Website or Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create Derivative Works from, reverse engineer, decompile or disassemble any technology used to provide the Website or Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website or Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Spectrum's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Website or Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this Agreement. After purchasing the Recipes, you may not modify, have modified, create Derivate Works of, publicly display or disseminate, reproduce, or distribute the Recipes in any medium or format, whether now known or later developed, whether online or offline.
3.2 Title. If you purchase Recipes, you agree to do so in accordance with Spectrum’s instructions on the Website. Title to the Recipes you purchase passes to you when the Recipes are delivered to you.
3.3 Privacy Policy. By entering this Agreement you agree to Spectrum’s use of Google Analytics, which uses cookies to collect anonymous traffic data.
4. Reservation of Rights
4.1 Monitoring. Spectrum reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Spectrum determines, in its sole discretion, that you or another Spectrum user will breach a term or condition of this Agreement or that such transaction is inappropriate, Spectrum may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
4.2 Modification of the Recipes or Service. Spectrum reserves the right to modify Recipes or the organization, structure or “look and feel” of the Service or the Website, and may change, suspend, or discontinue any aspect of the Service at any time without any liability to you or any third party. Spectrum shall have complete discretion over the features, functions, prices and other terms and conditions on which the Service is offered you.
5. Representations and Warranties
5.1 Mutual Representations and Warranties. You represent and warrant to Spectrum and Spectrum represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this Agreement, (ii) the execution and performance of your or its obligations under this Agreement does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this Agreement is a legal, valid and binding obligation of the party entering into this Agreement, enforceable in accordance with its terms and conditions.
5.2 By You. You represent and warrant to Spectrum that, in your use of the Service, you (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations.
6. Disclaimer of Warranties
SPECTRUM PROVIDES THE RECIPES, SERVICE AND WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPECTRUM DOES NOT REPRESENT OR WARRANT THAT THE RECIPES, SERVICE AND WEBSITE OR THEIR USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE OR PERFORM IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SPECTRUM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
7. Limitation of Liability
SPECTRUM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE RECIPES, SERVICE AND/OR WEBSITE OR THIS AGREEMENT, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO SPECTRUM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
8. Termination
8.1 Termination. In its sole discretion, with or without notice to you, Spectrum may (i) suspend, limit your access to or terminate your use of the Website and/or the Service, or (ii) prohibit you from using the Spectrum Service and/or the Website.
8.2 Survival. Notwithstanding Section 8.1 above, this Agreement will survive indefinitely unless and until Spectrum chooses to terminate this Agreement.
9. Notice. All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Spectrum, you must use the following addresses: Spectrum Fabric Dyeing, 5016 Country Club Dr, Rohnert Park, California 94928. If Spectrum provides notice to you, Spectrum will use the contact information provided by you to Spectrum. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (5) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
10. Dispute Resolution. All disputes arising out of, relating to or connected with this Agreement or your use of any part of the Service will be exclusively resolved under confidential binding arbitration held in Sonoma County, California, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying California law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Sonoma County, California. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and California State courts in Sonoma County. Notwithstanding anything to the contrary in this Section 10, Spectrum may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
11. Miscellaneous. This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. This Agreement is not assignable or transferable by you without the prior written consent of Spectrum. This Agreement contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Spectrum are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.
Effective Date: May 18, 2010