Terms of Service
Last update: February 20, 2022
This page describes the terms and conditions that govern your use of the website www.ATW80Fabrics.com.
GENERAL RULES AND DEFINITIONS
1.1 If you choose to use www.ATW80Fabrics.com or any of the features of this site (the “Site”) you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and ATW80Fabrics. By using this site, you agree to be bound by these terms and conditions. If you are accessing this website from the United States, you also agree to be bound by additional terms and conditions of use contained at the end of these terms and conditions of use.
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and Services and by continuing to use this Site and Services, you agree to any changes. We may change, suspend or discontinue any aspect of the Services at any time to reflect changes to our products, our users' needs and our business priorities. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions and that they comply with them.
1.3 Your continued use of the Site and Services now, or following the posting of notice of changes in these operating rules, will indicate acceptance by you of such rules. We recommend that you print a copy of these terms and conditions for future reference.
CONTENT OF THE SITE
2.1 The contents is intended for your personal, non-commercial use. All content, information and materials appearing on or emanating from the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips, video clips, links, forum posts, chat posts, messages, emails), also known as the "Content", are protected by copyright, and owned or controlled ATW80Fabrics or the party credited as the provider of the Content. You acknowledge that ATW80Fabrics is the sole owner of all content on the Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto.
2.2 The Content is protected by copyright pursuant to the U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part.
2.3 You will not sell, redistribute, retransmit, reproduce, display or otherwise provide access to the Content to any third party, nor modify or create derivative works from any Content.
2.4 Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission. Except as expressly authorized by ATW80Fabrics, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Site.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 The Site contains links to other related World Wide Web Internet sites, resources, and advertisers. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Since we are not responsible for and have no control over the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
DATA PRIVACY
4.1 Please see our Privacy Policy for details of how personally identifiable information is collected and may be processed or shared with others.
GOVERNING LAW AND JURISDICTION
5.1 This agreement is governed by US law and the parties agree to submit to the exclusive jurisdiction of US courts.
INDEMNIFICATION
6.1 You agree to defend, indemnify, and hold harmless ATW80Fabrics and each of its respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out a breach by you of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.
REPRESENTATIONS AND WARRANTIES
7.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless ATW80Fabrics and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. ATW80Fabrics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7.2 ATW80Fabrics does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
NO WAIVER
8.1 Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of RA.
ADDITIONAL TERMS FOR USERS IN THE UNITED STATES
Additional restrictions on user content
9.1 In addition to the terms in Section above, you agree not to use the Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
DMCA notice
9.2 If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name, address, telephone number, and email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
Additional disclaimers
9.3 Visitors to the Site agree that their use of the Site is at their own sole risk. The Site is provided "as is" and "as available," without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. ATW80Fabrics also makes no representations and warranties as to any linked sites and has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Site may represent the opinions and judgments of providers or users, such as user content. ATW80Fabrics and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Site by anyone other than authorised ATW80Fabrics employees acting in such capacity.
9.4 This disclaimer of liability applies to any damages or injuries caused by the Site, including, without limitation, those damages or injuries occurring as a result of (i) any error, omission, deletion, or defect in the content available on the Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. ATW80Fabrics does not warrant or guarantee that access to the Site will be uninterrupted or error-free.