Legal Stuff posted by on November 3, 2010

Since the digitized designs are of an electronic nature, refunds are not available. Please assure before purchase that you verify that the size of the design will fit your hoops for your embroidery machine. We have attempted to obtain accurate information regarding the hoop sizes for the formats offered but with the variety and differences in the models, sizing cannot be assured. Since electronic transmissions can suffer surges and dips, accordingly it can corrupt a downloading design. It is very important to us that you receive a quality product. Therefore, if you download a design which appears to be corrupted, please notify us by sending an e-mail to stacey@embroideryaffair.com and provide the following:

. Date of Order

. Description of the problem

. Your e-mail address, name and other contact information.

Please allow 24 hours to process your inquiry. If you do not receive a response in that time, please consider that your e-mail was not received and send a follow-up e-mail so that we can provide you with a replacement design.

For unknown reasons, conversions from one format to another can produce a rainbow of colors, making for a strange looking downloaded design. Each design (under “more details”) has a color chart of the thread colors used to digitize the design. We are not responsible for color changes during conversion.

Designs have been digitized from my own paintings. royalty free purchased designs or public domain graphics. When you purchase or download designs, the ownership of the design stitch files and related graphic files are retained by the digitizer. The digitized embroidery designs are protected under Federal copyright law called the Digital Millenium Copyright Act of 1998 (DMCA). All parties should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. If a party should allege copyright infringement, that party must provide all of the following information when providing notice of the claimed copyright infringement:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity. Information reasonably sufficient to permit the owner of the website to contact the person alleging to be the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

Copyright Permissions and all Rights Reserved by Embroidery Affair.

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