Terms of Service

Thank you for trying out the New Embroidery Toolbar software. We promise not to abuse your trust or violate your privacy. We won't even known who you are as you use the toolbar. But, we do need to explain the rules surrounding its use.

By using this software, including any third party software made available in conjunction with this software, ("New Embroidery Toolbar") you agree to be bound by the privacy policy and the following terms and conditions (the "Terms and Conditions") set by Whizardries, Inc., the creator of the New Embroidery Toolbar.

Non-Commercial Use Only

The New Embroidery Toolbar is made available to you for your non-commercial use only. This means that you may use it at work or at home, to find anything you want. But you first need to obtain Whizardries, Inc.'s permission if you want to sell the New Embroidery Toolbar or any information, services, or software associated with or derived from it, or if you want to modify, copy (except as provided below), license, or create derivative works from the New Embroidery Toolbar. In that case, please contact us. Furthermore, you may not use the New Embroidery Toolbar in any manner that could damage, disable, overburden, or impair New Embroidery Designs's search services (e.g., you may not use the New Embroidery Toolbar in an automated manner), nor may you use New Embroidery Toolbar in any manner that could interfere with any other party's use and enjoyment of New Embroidery Designs's search services.

If you have comments on the New Embroidery Toolbar or ideas on how to improve it, please send us a message. Please note that by doing so, you also grant New Embroidery Designs and third parties permission to use and incorporate your ideas or comments into the New Embroidery Toolbar (or third party software) without further compensation.

Intellectual Property

You acknowledge that Whizardries, Inc., or third parties own all right, title and interest in and to the New Embroidery Toolbar, portions thereof, or software provided through or in conjunction with the New Embroidery Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the New Embroidery Toolbar. You also agree to not remove, obscure, or alter Whizardries, Inc.'s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the New Embroidery Toolbar.

Disclaimer of Warranties

Whizardries, Inc., and any third party who make its software available in conjunction with or through the New Embroidery Toolbar disclaim any responsibility for any harm resulting from your use of the New Embroidery Toolbar and/or any third party software accessed in conjunction with or through the New Embroidery Toolbar.

THE NEW EMBROIDERY DESIGNS TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NEW EMBROIDERY DESIGNS TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WHIZARDRIES, INC., AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WHIZARDRIES, INC., AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NEW EMBROIDERY DESIGNS TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF NEW EMBROIDERY DESIGNS TOOLBAR AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE NEW EMBROIDERY DESIGNS TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NEW EMBROIDERY DESIGNS TOOLBAR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF NEW EMBROIDERY DESIGNS TOOLBAR AND SUCH THIRD PARTY SOFTWARE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WHIZARDRIES, INC., OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NEW EMBROIDERY DESIGNS TOOLBAR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF NEW EMBROIDERY DESIGNS TOOLBAR OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WHIZARDRIES, INC., AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE NEW EMBROIDERY DESIGNS TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NEW EMBROIDERY DESIGNS TOOLBAR, FROM INABILITY TO USE NEW EMBROIDERY DESIGNS TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NEW EMBROIDERY DESIGNS TOOLBAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF NEW EMBROIDERY DESIGNS TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NEW EMBROIDERY DESIGNS TOOLBAR (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

New Embroidery Designs's Search Service

The New Embroidery Toolbar is designed to be used in conjunction with New Embroidery Designs's search services. Accordingly, your use of New Embroidery Toolbar is also defined by New Embroidery Designs's Terms of Service and Privacy Policy.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the conflict of laws provisions of Texas or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by New Embroidery Designs and/or a third party who make its software available in conjunction with or through the New Embroidery Toolbar.