Terms & Conditions
Lacerlot Terms and Conditions
Welcome to the Lacerlot website, www.lacerlot.com (the “Lacerlot Website”), owned and operated by Lacerlot LLC and its affiliates (“Lacerlot”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Lacerlot Website and Lacerlot’s services, applications, content and products (collectively, the “Services”).
Lacerlot provides its Services to you subject to the Terms. By accessing or using the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction.
Lacerlot reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, Lacerlot will notify you by posting the revised Terms on the Services or notifying you through the Services.
Any access or use of the services by you after the changes go into effect shall constitute and be deemed your agreement to these terms. If you do not want to be bound by these Terms, do not use or access any part of the Services.
LACERLOT OWNS ANY AND ALL INTELLECTUAL PROPERTY FROM DESIGNS UPLOADED TO OR CREATED ON THE SERVICES
By uploading Content or Designs (defined below) or creating Designs (defined below) with Lacerlot’s design tools, you assign, on a royalty-free, worldwide, perpetual, irrevocable and transferrable basis, copyright and other intellectual property rights in your Design to Lacerlot. IF YOU DO NOT WISH TO TRANSFER ANY INTELLECTUAL PROPERTY TO LACERLOT, DO NOT USE THE SERVICES.
Content is material uploaded to the Services, including but not limited to patterns, text, data, photographs, graphics, stich files, images, information, audio clips, and all digital data or any combination of these elements.
A Design is material either uploaded to or created on the Services which might be used to manufacture, sew, or otherwise produce clothing, including but not limited to patterns, photographs, data, graphics, stich files, images, information, audio clips and all digital data or any combination of these elements.
You represent that:
- You are the owner of the Design or that the Design is in the public domain; and
- You have the legal right to grant any relevant intellectual property to Lacerlot and to agree to the Terms; and
- To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
- Lacerlot may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party.
User Account, Password and Security
To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and the account, and are responsible for all activities that occur under your password or account.
You agree to (a) immediately notify Lacerlot of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session on a shared computer. Lacerlot cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge and agree that any Content contained or distributed on or through the Services is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Services without the authorization of Lacerlot or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Services, in violation of applicable copyright and other intellectual property laws.
Correction of Errors and Inaccuracies
The information and product listings on the Services may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please not that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
Reviews, Comments and Submissions
Except as otherwise provided in these Terms or on the Services, anything you submit or post to the Services and/or provide us, including with limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferrable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. We may, but shall not be obligated to, remove or edit any Submissions for any reason.
Disclaimer of Warranties
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Lacerlot and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. Lacerlot does not make any warrant that (a) the services will meet your requirements, or (b) that the Services will be uninterrupted, timely, secure or error free, or (c) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations, or (d) that defects, if any, will be corrected, or (E) there will be no unauthorized access to our use of our secure servers and/or any and all personal information and/or financial information stored therein, or (f) any bugs, viruses, Trojan horses, or the like which may be transmitted to our through our Services by any third party. You agree that Lacerlot shall have no responsibility for any damages suffered by you in connection with the Services or any Content contained therein. You expressly agree that use of the Services, including all Content, data or software distributed by, downloaded or accessed from or through the Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system for loss of data that results from the download of such content, data, and/or software. You acknowledge that Lacerlot does not control or endorse in any respect any information, products or services offered by third parties on or through the Services. Except as otherwise agreed in writing, Lacerlot and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through the Services. You acknowledge that Lacerlot makes no warranty or representation that confidentiality of information transmitted through the Services will be maintained. No advice or information, whether oral or written, obtained by you from Lacerlot or through the Services, shall create any warranty not expressly stated in the Terms. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
Under no circumstances including, without limitation, its own negligence, shall Lacerlot or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Lacerlot services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Lacerlot has been advised of the possibility of such damages), resulting from (a) the use or inability to use the site; (b) the cost of procurement of substitute goods resulting from any goods, data, or information purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Services or (e) any other matter relating to the Services. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
These terms and conditions and your relationship with Lacerlot shall be goverened by and construed in accordance with the laws of the state of New York, without resort to its conflict of law provisions. Any dispute relating in any way to your visit to the Services or to the products you purchase through the Services shall be submitted to confidential binding arbitration in New York City, New York for the maximum judgment enforceable, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms shall be conducted pursuant to the existing Commercial Arbitration Rules at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial.
You and Lacerlot agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York City, New York.
If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Lacerlot mas assign its rights and responsibilities hereunder without notice to you. These Terms will inure to the benefit of Lacerlot’s successors, assigns and licensees. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The failure of a party to exercise or enforce any right or provision in these Terms will not constitute a waiver of the right or provision. Lacerlot’s failure to act with respect to a breach by you or others does not waive Lacerlot’s right to act with respect to subsequent or similar breaches.
Lacerlot may, in its sole discretion, modify or revise these Terms and the associated policies at any time, and you agree to be bound by such modifications or revisions.