Use of the Ultimate Box website for the Vikant Corporation site constitutes acceptance of these rules and regulations.
This Agreement describes the terms and conditions applicable to ytheir use of Products and Service at Vikant-EMB.com. The Vikant Corporation may amend this Agreement at any time by posting the amended terms on their site, which will become effective immediately.
1.Eligibility
Vikant Corporation is a manufacturer of hardware (read/write devices and memory cards) only. All software programs operating Vikant products are manufactured by a third party developers that are not a part of Vikant Corporation. Vikant is not responsible for any software functions, including but not limited to computer interface, operation under different computer operating systems, quality of designs transferred to and from cards, number and quality of embroidery design formats, types of re-writable and pre-programmed design cards available from other card manufacturers. Any use of Vikant products box should adhere to applicable license agreements of all third parties including, but not limited to original embroidery equipment manufacturers, manufacturers of re-writable and pre-programmed cards, embroidery software developers and manufacturers, embroidery design producers, etc. This product must not be used in any way that violates ownership, copyright, trademarks or other intellectual property rights of third parties, such as original embroidery equipment manufacturers, manufacturers of re-writable and pre-programmed cards, embroidery software developers and manufacturers, embroidery design producers, etc.
The Vikant Corporations products and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, their services are not available to minors. If you do not qualify, please do not use their services.
2.Fees
The Vikant Corporation may change their Prices and Fees policy and the fees for their services from time to time. Any changes to the policy are effective immediately after being posted on this site. The Vikant Corporation may in their sole discretion change some or all of their products and services at any time. In the event The Vikant Corporation introduce a new product or service, the fees for that service are effective at the launch of the product service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using their products or service and their The Vikant Corporationbsite and all applicable taxes.
3.Designs submitted for The Ultimate Service.
The Vikant Corporation are not involved in selling, distribution, collecting, digitizing or production of designs submitted for The Ultimate Service. As a result, The Vikant Corporation have no control over the quality, safety or legality of the designs sent to us. In the event that you have a dispute with one or more suppliers of embroidery designs including, but not limited to any embroidery equipment manufacturers, digitizing companies, private or public collectors of embroidery designs over any legal matters, you release Vikant-EMB.com and Vikant Corporation (and their officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
4.Ordering Information
"Ordering Information" is defined as any information you provide to the Vikant Corporation in the process of ordering of any of their products or services, design submittion process, through e-mail or other means of communication. You are solely responsible for Ordering Information, and The Vikant Corporation act as a passive conduit for ytheir online distribution and publication of Ordering Information. With respect to Ordering Information:
4.1 Ordering Information (or any designs submitted therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of their ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or you do not have a right to link to or include. Furthermore, you may not submit any item including but not limited to an embroidery design to their site (or consummate any transaction that was initiated using their service) that could cause us to violate any applicable law, statute, ordinance or regulation.
4.2 Solely to enable Vikant-EMB.com and Vikant Corporation to use the information you supply us with, so that The Vikant Corporation are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Ordering Information, in any media now known or not currently known, with respect to Ordering Information. The Vikant Corporation will only use Ordering Information in accordance with their Privacy Policy.
5.Access and Interference
You will not use any robot, spider, other automatic device, or manual process to monitor or copy their The Vikant Corporationb pages or the content contained herein without their prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Vikant-EMB.com site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on their infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Ordering Information) from their The Vikant Corporationbsite without the prior expressed written permission of Vikant-EMB.com or the appropriate third party.
6.Breach
Without limiting other remedies, The Vikant Corporation may immediately issue a warning and refuse to provide their services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if The Vikant Corporation are unable to verify or authenticate any information you provide to us; or (c) if The Vikant Corporation believe that ytheir actions may cause legal liability for you, their users or us.
7.Warranty
The Ultimate Card - 1 Year
512K Blank Card for Pfaff - 1 Year.
The Ultimate Box - 1 Year
The Ultimate Service - Since The Vikant Corporation only provide a service of transferring submitted by their customers designs to The Ultimate card and have no means of verifying the quality of them, The Vikant Corporation AND their SUPPLIERS PROVIDE THE ULTIMATE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. The Vikant Corporation AND their SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
8.Liability Limit
IN NO EVENT SHALL The Vikant Corporation OR their SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH their SITE, OUP PRODUCTS, their SERVICES OR THIS AGREEMENT (HOThe Vikant CorporationVER ARISING, INCLUDING NEGLIGENCE). their LIABILITY, AND THE LIABILITY OF their SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
9.Indemnity
You agree to indemnify and hold us and their subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of ytheir breach of this Agreement, or ytheir violation of any law or the rights of a third party.
10.Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding ytheir use of their products or service and any items submitted by you, purchase, solicitation of offers to purchase, and sale of items.
11.No Agency
You and Vikant-EMB.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
12.Notices
Any notices shall be given by postal mail to Vikant Corporation Attn: Legal Services 6577 Windham Lane, Long Grove, IL 60047 (in the case of Vikant-EMB.com ) or to the e-mail address you provide to Vikant-EMB.com during the ordering process (in ytheir case). Notice shall be deemed given 24 htheirs after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, The Vikant Corporation may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Vikant-EMB.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
13.Arbitration
Any controversy or claim arising out of or relating to this Agreement or their services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Lake County, IL, and judgment on the arbitration award may be entered into any ctheirt having jurisdiction thereof. Either you or Vikant-EMB.com may seek any interim or preliminary relief from a ctheirt of competent jurisdiction in Lake County, IL necessary to protect the rights or property of you or Vikant-EMB.com (Vikant Corporation) pending the completion of arbitration.
14.General
This Agreement shall be governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois betThe Vikant Corporationen Illinois residents. The Vikant Corporation do not guarantee continuous, uninterrupted or secure access to their services, and operation of their site may be interfered with by numerous factors outside of their control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. their failure to act with respect to a breach by you or others does not waive their right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement betThe Vikant Corporationen us with respect to the subject matter hereof.
