Terms and conditions
1. YOUR ACCEPTANCE
2. SUBTLE FABRICS WEBSITE
3. SUBTLE FABRICS WEBSITE
(A) Subtle Fabrics hereby grants you permission to use their Website as set forth in this Terms of Service, provided that:
- Your use of the Website as permitted is solely for your personal, noncommercial use;
- You will not copy or distribute any part of the subtle fabics Website in any medium without ‘s prior written authorization;
- You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
- You will otherwise comply with the terms and conditions of these Terms of Service.
(B) In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify immediately of any breach of security or unauthorized use of your account. Although will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,”, “Automated voting”, etc., that accesses the subtle fabrics in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Subtle fabrics reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the subtle fabrics, nor to use the communication systems provided by the subtle fabrics for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. All website products, contests and services are voided where prohibited by law.
4. INTELLECTUAL PROPERTY RIGHTS
Subtle Fabrics does not claim ownership of Content you submit or make available for inclusion on the website. Legally, ownership of the submitted files is maintained by User at all times. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the website, you grant subtlefabrics.com, Partners and Sponsors the following worldwide, royalty-free and non-exclusive license(s), as applicable:
(A) Subtle Fabrics Website may now or in the future permit the submission of photos and image files or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Subtle fabrics does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant subtle fabrics, Sponsors and Partners the right to provide exposure to your photo on the web, and use it in the promotion of subtlefabrics.com. All used images are credited to photographer and will not be used in a commercial manner. The foregoing notwithstanding, User shall at all times retain all copyright interest in any and all images submitted. You may also receive an invitation to participate in a subtle fabrics show or publication thereafter
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize subtle fabrics to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
(ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to subtle fabrics, you hereby grant subtlefabrics.com a worldwide, non-exclusive, royalty-free and transferable license to display content to other users and visitors. With respect to Content, you submit or make available for inclusion on publicly accessible areas of subtlefabrics.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific subtle fabrics file to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time subtle fabrics removes such Content from the Service. “Publicly accessible” areas of the Service are those areas of the subtle fabrics are intended by subtle fabrics to be available to the general public. By way of example, publicly accessible areas of the Service would include subtle fabrics. Message Boards and portions of subtlefabrics.com Groups, Photos and sharing that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Subtlefabrics.com that are limited to members, or areas off of Subtle fabrics of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by subtle fabrics.
C. In connection with User Submissions, you further agree that you will not:
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant subtle fabrics all of the license rights granted herein;
- Publish falsehoods or misrepresentations that could damage Subtle fabrics or any third party;
- Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Post advertisements or solicitations of business:
- Impersonate another person. Subtle fabrics does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and subtle fabrics expressly disclaims any and all liability in connection with User Submissions. Subtle fabrics does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Subtle fabrics will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Subtle fabrics reserves the right to remove Content, Close accounts and User Submissions without prior notice. Subtle fabrics will also terminate a user’s access to its website, if they are determined to be an infringer. Subtle fabrics also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Subtle fabrics may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification to NCC (Nigeria Copyright Commission):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- ⦁ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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 the law; and
- 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 owner of an exclusive right that is allegedly infringed. E. You understand that when using the Subtle fabrics. Website, you will be exposed to User Submissions from a variety of sources, and that Subtle fabrics is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against subtle fabrics with respect thereto, and agree to indemnify and hold subtle fabrics, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. THE CONTENT ON SUBTLE FABRICS WEBSITE
6. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SUBTLE FABRICS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SUBTLE FABRICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SUBTLEFABRICS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SUBTLE FABRICS WEBSITE. SUBTLE FABRICS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SUBTLE FABRICS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SUBTLE FABRICS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 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.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL SUBTLE FABRICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SUBTLE FABRICS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SUBTLE FABRICS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
The Subtle Fabrics Website is controlled and offered by Subtle fabrics from its facilities in Nigeria. Subtle fabrics makes no representations that Subtle Fabrics Website is appropriate or available for use in other location. Those who access or use the Subtle fabrics Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless subtle fabrics, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Subtle fabrics Website;
- Your violation of any term of these Terms of Service;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Subtle Fabrics Website or Subtle fabrics third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents, any and all User submissions. Subtle fabrics is a platform designed for storage and sharing of files, users are responsible to always maintain an original copy of any submitted file in case of a complete loss.
- The Subtle fabrics Website shall be deemed solely based in Nigeria; and
- The Subtle fabrics Website shall be deemed a passive website that does not give rise to personal jurisdiction over Subtle fabrics, either specific or general, in jurisdictions other than Nigeria. These Terms of Service shall be governed by laws of the federation of Nigeria, without respect to its conflict of laws principles. Any claim or dispute between you and Subtle fabrics that arises in whole or in part from the Subtle fabrics Website shall be decided exclusively by the Supreme Court of Nigeria located in Abuja, Nigeria. These Terms of Service, together with the Privacy Notice and any other legal notices published by Subtle fabrics on the Website, shall constitute the entire agreement between you and Subtle fabrics concerning the Subtle fabrics Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Subtle fabrics failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Subtle fabrics reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Subtle fabrics Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
9. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Subtle fabrics Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Subtle fabrics Website; there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Subtle fabrics without restriction.
You agree that:
YOU AND SUBTLE FABRICS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SUBTLE FABRICS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
PURCHASING A PRODUCT ON SUBTLE FABRICS
Users can purchase products on the Subtle fabrics website using a valid credit card. You have to be a Subtle fabrics member to purchase a product. The price you pay is final and not negotiable. Orders may not be canceled after it has been submitted. It is the customer’s responsibility to ensure the product delivery address is correct. Subtle fabrics takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
SUBTLE FABRICS MAY CANCEL ORDERS
We reserve the right to cancel an order in the event that products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We may also cancel an order if we believe that it is being made in infringement of this agreement, or in violation of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer’s credit card has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer’s credit card for the amount in question.
DELIVERY AND DAMAGED GOODS
Delivery will be made by a postal or courier service of Subtle fabrics and will be paid for by the customer at the price indicated at time of purchase. Subtle fabrics may also charge a handling fee, depending on the size of the product. If a product is delivered to a customer and it is physically damaged, Subtle fabrics will issue a replacement copy of the product. Please contact Subtle fabrics within 5 business days of receiving the product to tell us about the nature of the damage and to arrange for a new product to be sent to you, at Subtle fabrics It is the customer’s responsibility to carefully go through the list of products on subtle fabrics website before ordering a product. This damaged goods policy does not apply to content, only to the physical product out of the store.