Beading Hearts LLC ("Beading Hearts") has created and maintains the Microfreaks.com Website ("the Website") in order to provide the public with online information and resources concerning the activities of Beading Hearts and/or Microfreaks. By using the Website and it‘s content, you expressly agree to comply with and be bound by the following Terms of Use, which Beading Hearts may change at anytime with or without notice to you. These Terms of Use were last updated on December 15, 2021.
The Website contains intellectual property that is either owned by or licensed to Beading Hearts. Such intellectual property includes, but is not limited to the design, layout, look, appearance, images, text, marks, software, graphics, audio and video clips, advertising or other materials (collectively, the “Content”). All of the Content on the Website is proprietary to Beading Hearts or is used in a manner consistent with the legal owner's permission or applicable laws or regulations. You agree that you will not assert any claim or interest in or to any Content on the Website, that you will comply with all restrictions on use contained herein, and that you will not infringe or violate the rights of any other party by or in connection with your use of the Website or its Content. Subject to the foregoing, Beading Hearts authorizes you to view, download, and print Content from the Website upon the following conditions:
You must observe any and all additional terms or restrictions provided within individual sections of the Website relating to particular Content on the Website;
You may view, download, and print Content from the Website for your own personal and noncommercial use;
You may download, print, or otherwise use Content from the Website for “fair use” as defined in the United States copyright laws (generally, for noncommercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting); provided that you must cite the author and source of this material as you would material from any printed work. The citation must include the URL https://www.microfreaks.com.
You are strictly prohibited from downloading Content from the Website for commercial use or for use on personal websites;
You may not remove any copyright, trademark, service mark, or other proprietary notice that has been placed in or near the Content on the Website;
You may not modify the appearance or Content of the Website; and
Any displays or printouts of the Website’s Content must be marked "© [insert year of display or printout] Beading Hearts LLC. All rights reserved."
Beading Hearts expressly prohibits the copying of any Content on this Website not described above or elsewhere in these Terms of Use.
The names, titles, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of Beading Hearts, including but not limited to Beading Hearts ("Beading Hearts Trademarks"). You may not use Beading Hearts Trademarks without Beading Hearts’ prior, written permission.
The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of Beading Hearts Trademarks or may be construed to mean that Beading Hearts has authority to grant any right or license on behalf of any third-party trademark owner.
Beading Hearts complies with the provisions of the Digital Millennium Copyright Act, 17 U.S.C.Sec. 512(c)(2). Beading Hearts may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to theWebsite of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our designated agent:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Beading Hearts’ agent for notice of claims of copyright infringement can be reached as follows:
Amanda Stern, Beading Hearts LLC,
1910 W. Adams Blvd., Los Angeles, CA 90018
email:
[email protected]
Except as expressly permitted above, reproduction or redistribution of any content on the Website is strictly prohibited without the prior written permission of Beading Hearts.
Beading Hearts makes no representation of any kind regarding the content of the Website. All content on the Website is provided "AS IS." Beading Hearts expressly disclaims any and all warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing:
Beading Hearts does not warrant or represent that use of content displayed on the Website will not infringe the rights of third parties not owned by or affiliated with Beading Hearts. Copyright and other proprietary rights in the Website’s content may be held by individuals and/or entities other than Beading Hearts, including reproductions of works of art licensed to Beading Hearts by third parties, or images of people or places displayed on the Website. Use of these images by you is prohibited unless specifically permitted by these Terms of Use.
While Beading Hearts uses reasonable efforts to include accurate and up-to-date information in the Website, Beading Hearts makes no representations or warranties as to its accuracy. Beading Hearts assumes no liability or responsibility for any errors or omissions in the content of the Website.
Use of and browsing in the Website are at your sole risk. Beading Hearts assumes no responsibility and will not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any content from the Website.
Except where specifically indicated otherwise, any communication or material you transmit to the Website by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by Beading Hearts and its respective affiliates or licensees for any purpose.
While using the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting the foregoing, you agree that you will not:
use the Website to send spam, chain letters, pyramid schemes, or other unsolicited communications of any kind;
use the Website to abuse, defame, threaten, stalk, harass, breach the confidence of, or otherwise violate the legal rights of others;
introduce any viruses, worms, Trojan horses, or any other harmful or destructive items into the Website;
interfere with or disrupt networks connected to the Website;
attempt to modify, reverse engineer, or reverse assemble any part of the Website; or
violate any applicable laws or regulations, including without limitation any copyright, trademark or other intellectual property laws.
Any unauthorized use of the Website (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) will constitute a violation of these Terms of Use. It will also be a violation of these Terms of Use for any individual (or group of individuals acting in concert) to request more than 1,000 pages of the website in any 24 hour period.
The Website may contain links to third-party websites. Beading Hearts has not reviewed all of the websites linked to the Website and is not responsible for any content of any linked website. Beading Hearts provides these links as a convenience only; and such links do not imply Beading Hearts’ endorsement, sponsorship, or affiliation with the linked website.
If you choose to use social media connect functions on the Website, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that Beading Hearts may utilize. The terms and conditions for the social media websites may be found on each respective social media website.
This function is intended to enable Beading Hearts to connect with social media websites so that you can send newsfeeds about your activities to each of these websites. Such social media websites may also be able to use information about action you take on the Website. In addition, you acknowledge and agree that Beading Hearts is not responsible for the availability of these websites, or any other social media websites that Beading Hearts may add to the connect function, and does not endorse and is not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such websites or resources.
We may collect and use information about you in the manner set out in our Privacy Policy. The Privacy Policy forms part of the overall Terms of Use of the Website and are incorporated herein by this reference.
Without limiting any other rights available to us at law or otherwise, if you breach any of these Terms of Use, including any provisions of the Terms of Sale and the Privacy Policy, we may terminate your access to the Website or take any other action that we believe appropriate.
You agree to release and indemnify Beading Hearts and its officers, directors, employees and agents from and against all costs, expenses, loss, proceedings, or liabilities brought against or incurred by those persons in connection with your use of the Website or breach of these Terms of Use in any way.
The Website (excluding links to websites operated by others) is controlled and operated by Beading Hearts from its offices in and around Los Angeles, California. Although Beading Hearts has made no effort to publish the Website elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and Beading Hearts both benefit from establishing a predictable legal environment in which to publish, access and use the Website, by publishing, accessing, and/or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the internal laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved in the courts of the State of California, County of Los Angeles. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Website from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.
You agree to indemnify, defend, and release Beading Hearts and its directors, officers, employees, agents, representatives and affiliates from all claims, causes, allegations, costs, expenses, fees (including actual attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Website.
NEITHER BEADING HEARTS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL,OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR ITS CONTENT.
Any waiver of any provision of this Terms of Use agreement must be in writing and signed by an authorized representative of Beading Hearts. Beading Hearts’ failure to exercise or enforce any right or provision of these Terms of use will not constitute a waiver of such right or provision unless agreed to in writing by Beading Hearts.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein will not in any way be affected or impaired thereby. The parties agree that any invalid term(s) or condition(s) will be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, will be severed and deleted from these Terms of Use.
These Terms of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this agreement must be effected by an instrument in writing signed by the parties.