Terms And Conditions
YOU ARE PURCHASING A DIGITAL SOFTWARE FILE WITH LICENSE TO USE IT ACCORDING TO THESE TERMS AND CONDITIONS AS LISTED BELOW. YOUR APPROVAL IS NECESSARY TO PURCHASE YOUR LICENSE TO USE AND SHIPMENT IS IMMEDIATE BY AUTOMATED DOWNLOAD UPON PAYMENT. THERE ARE NO REFUNDS ON DIGITAL SOFTWARE EMBROIDERY FILES.
You MUST accept the terms and conditions of this license agreement ("this agreement") to access and use Pixies Rule! Digital Content ("Digital Content"). By accessing and using any Digital Content, you are agreeing to be bound by the terms of this agreement. Carefully read all the terms and conditions set forth below before accessing or using any Digital Content.
By acquiring Digital Content, you have acquired from Kitty Kitty Designs LLC, hereby known as ("Pixies Rule!"), a license to use the Digital Content in accordance with the terms and conditions of this Agreement (the "License"). By accessing Digital Content, you agree to use it solely as provided in this Agreement and to comply with all of the terms and conditions of this Agreement.
Upon accepting the terms of this Agreement, Pixies Rule! grants to you a non-exclusive, non-assignable, non-transferable, non-sub license, commercial and/or personal license to use Pixies Rule! Digital Content as follows:
- Load Digital Content into temporary memory or into a permanent storage device, solely for your personal artistic use in accordance with this Agreement.
- Transfer Digital Content from one personal computer to another.
- Submit work product created with Digital Content to magazines, blogs, and online galleries with proper credit given to Pixies Rule! or its Licensor or Licensors as Original Artist.
- Use work product to create custom apparel, and accessories for individual clients for compensation, provided that the client only receives end user items in the form of stitched/printed apparel or accessories on fabric, wood, glass, acrylic, metal materials, and images printed either electronically or on flat paper SOLELY for work approval bids.
- Use Digital Content to create and sell custom work products, including “for hire” work products, to design your own products for personal use, but always subject to the following restrictions:
- FOR DIGITAL CUTTER DESIGN TEMPLATES: Your work product must be substantially modified and personalized by the inclusion of photographs, other images, and/or journaling text or graphics,
- FOR MACHINE EMBROIDERY & CUTTER DESIGNS: Your end work product must be in the form of stitched or pressed/printed apparel or accessories on fabric, wood, glass, acrylic, metal materials, and
You May Not:
- Sell, lease, assign, transfer, sublicense, disseminate, modify, translate, duplicate, reproduce, or copy electronic files containing Pixies Rule! Digital Content or permit the same.
- Repackage or redistribute any Digital Content electronic files for any reason.
- Load Pixies Rule! Digital Content onto a network server.
- Use any part of Digital Content as part of or associated with any trademark, service mark, logo, or other design in which you establish or claim any commercial, personal, or other rights.
- Use any part of Digital Content, or any alteration or modification of the same, in any way that is defamatory, pornographic, obscene, libelous, fraudulent, or unlawful.
- Remove or obscure any copyright notices associated with Digital Content.
- Claim any portion of Digital Content or any modification of Digital Content as your own.
- Create, use, sell, license, sublicense, distribute, or transfer to anyone any derivative work from Digital Content, including templates.
- Use Digital Content for any purpose other than is specifically permitted in this Agreement.
Your End Work Product Must:
- FOR DIGITAL CUTTER DESIGN TEMPLATES: Be substantially modified and personalized by the inclusion of photographs, other images, and/or journaling text.
- FOR MACHINE EMBROIDERY & CUTTER DESIGNS: Be in the form of stitched, printed, or pressed apparel or accessories on fabric, wood, glass, acrylic, metal materials.
Your End Work Product Must Not:
- FOR CUTTER DESIGNS: Include files that contain individual elements of Digital Content, such as images, that have not been substantially modified.
- FOR MACHINE EMBROIDERY & CUTTER DESIGNS: Contain Digital Content other than is specifically authorized in this End-User License Agreement is strictly prohibited. Pixies Rule! will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses or the prohibited uses described above.
Any use of Pixies Rule! Digital Content other than is specifically authorized in the End-User License Agreement is strictly prohibited. Pixies Rule! will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses of the prohibited uses described above.
You acknowledge that the Digital Content belongs to Pixies Rule! or its Licensor or Licensors, and that Pixies Rule! or its Licensor or Licensors retain all right, title, and interest in and to the Digital Content not expressly granted under this Agreement, including, without limitation, all copyrights.
You may alter or modify any of the Digital Content images as necessary for your intended and permitted use as authorized in this Agreement. However, if any such alteration or modification constitutes a derivative work, you acknowledge and agree that you made such derivative work for Pixies Rule! and/or its Licensor or Licensors and that all rights associated with such derivative work will be owned solely by Pixies Rule! and/or its Licensor or Licensors. In addition, to the extent that any rights to any derivative work are not automatically deemed to be owned by Pixies Rule! and/or its Licensors, you hereby assign and transfer to Pixies Rule! and/or its Licensor or Licensors all right, title and interest in such derivative work.
THE PIXIES RULE! DIGITAL CONTENT IS PROVIDED BY PIXIES RULE! "AS IS." PIXIES RULE! HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS, IMPLIED, OR OTHERWISE, OR ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PIXIES RULE! DISCLAIMS ANY WARRANTY THAT THE PIXIES RULE! DIGITAL CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
Pixies Rule! and its licensors will not be liable for damages of any kind, including general, direct, special, incidental, and consequential damages, resulting from, or arising out of your possession or use of the Pixies Rule! Digital Content (including data loss or corruption), regardless of whether such liability is based in tort, contract, or otherwise. If the foregoing limitation is held to be unenforceable, the maximum liability to you will not exceed the amount of the license fees paid by you for the Pixies Rule! Digital Content.
The laws of some jurisdictions do not permit some warranty disclaimers or limitation of liability. You may have other rights that vary by jurisdiction.
This Agreement and performance under this Agreement will in all respects be governed by and construed in accordance with the laws of the State of Arkansas, U.S.A., without regard to conflict of laws principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods will not be applied to this Agreement. You agree that the proper venue for all actions arising in connection with this Agreement will be deemed proper in state court in Faulkner County, Arkansas, or in the federal court for the Eastern District of Arkansas, and you agree to submit to such venue and jurisdiction. You hereby waive personal service.
Commercial Art licenses are available upon request. Please contact us by using the CONTACT US tab at the right of any page on the site, for terms and pricing.
Our policy ON HARD LINE NON-PERSONALIZED ITEMS SOLD is 30 days. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. Several types of goods are exempt from being returned.
Downloadable software products (digitized machine embroidery files).
Personalized apparel made-to-order products.
Refunds (if applicable):
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable):
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at the "Contact Us" tab on every page of the web site.
Exchanges (if applicable):
We only replace items if they are defective or damaged. If you need to exchange it for the same item, please contact us at the "Contact Us" tab located on every page of the web site and send your item to:
ATTN: Consumer Services
51 Aztec Road
Conway, Arkansas USA 72032.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $75, you should consider using a traceable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.