Terms & Conditions

Date Last Modified: March 4, 2022

The Punch Needle websites, punchneedleworld.com and punchneedleacademy.com (collectively, the “Websites”), and the related online retail and resource services (collectively with the Website, the “Services”) are made available by Micah Clasper-Torch LLC, a California limited liability company d/b/a Punch Needle World (“Punch Needle World”), subject to these Terms of Use (“Terms of Use”).

The Punch Needle World website offering retail and creative resources to visitors and creators (“PNW”), and The Punch Needle World website, Punch Needle Academy, providing an online teaching platform offering instructor lead punch needle courses (“PNA”), are both included in the Services. Not all terms shall apply to both portions of the Services.

These Terms of Use apply to all Users, including Users who are simply viewing content publicly available via the Services, Users utilizing any free Services, and Users who have engaged for paid Services. Users may include, but are not limited to, retail customers, students on PNA, collaborating creatives and makers, suppliers listed in our curated list, or visitors of the Services (collectively referred to as “Users,” “you,” and through similar words such as “your,” etc.). Not all terms shall apply to all types of Users where specified in these Terms of Use.

By accessing any part of the Services, you are agreeing to the terms and conditions described below (the “Terms of Use”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY NOTICE (the “Privacy Notice”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you should not use any portion of the Services. If you are otherwise engaged with Punch Needle World for specific Services through a subsequent agreement, that agreement shall control and supersede these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT CONTINUE TO ACCESS OR USE THE SERVICES, SUBSCRIBE, OR REGISTER FOR AN ACCOUNT.

We reserve the right to refuse a User’s access to the Services for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate a User’s account for any reason. Such termination of your account will result in your loss of access to the Services. We will not be liable for any decision to suspend, terminate, or refuse service under any circumstances.

1. Compliance. To ensure you remain in compliance with these Terms of Use, Punch Needle World recommends reviewing the current Terms of Use each time you access or use the Services. All access to and use of the Services, Accounts and the materials, content, information, and data contained on or provided through the Services and Accounts are subject to compliance with these Terms of Use and all applicable laws, rules, and regulations. If you have any questions or comments regarding these Terms of Use or the Services, please contact Punch Needle World at the contact information listed below.

2. General Use. The Services are made available, subject to these Terms of Use, to allow you to (i) obtain information about the Services, (ii) make purchases from the retail portion of the Services; (iii) register for an Account; and (iv) engage with the various interactive properties available on the Services. Subject to these Terms of Use, Punch Needle World grants you a limited, non-exclusive, non-transferable, and revocable license to download, access, and use the Services solely for the applicable purposes described in these Terms of Use and for your personal, non-commercial benefit. Except as otherwise expressly set forth herein, you shall have no other rights to the Services, and no other rights shall be implied.

3. Visitors to the Services and Account Creation. You can visit the public sections of the Services without identifying yourself or providing personal information. In order to access some features of the Services, for example, registering for classes on PNA, you will have to create an Account. You may not have more than one (1) Account without Punch Needle World’s permission, and you must access the Services and non-public portions of the Websites through your Account. The security and confidentiality of your Account username and password is your sole responsibility. You shall ensure that no unauthorized person shall have access to your Account, username, or password and shall immediately notify Punch Needle World of any unauthorized access or use of which you become aware. You agree to bear all responsibility and liability for all actions under or through your Account as well as all fees and/or charges incurred from the use of your Account, whether authorized or unauthorized. You may update your Account by changing the Account settings.

4. Registration Data. All of your information and data provided to Punch Needle World in connection with registering for your Account on PNA (“Registration Data”) must be true, accurate, current and complete at all times. You must immediately update your Registration Data to keep it true, accurate, current, and complete. Notwithstanding anything to the contrary, you hereby authorize Punch Needle World and its affiliates, contractors, and suppliers to use, copy, sublicense and disclose Registration Data (i) as part of providing the Services, (ii) if required by applicable law, where necessary to enforce these Terms of Use and/or to protect any of Punch Needle World’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by Punch Needle World’s Privacy Notice. You are solely responsible to obtain any necessary rights, authorizations, and consents with respect to your Registration Data, including, without limitation, to grant the foregoing rights to Punch Needle World and its affiliates, contractors, and suppliers.

If you provide Punch Needle World your email address, you hereby consent to and authorize Punch Needle World to (a) send notices regarding the Services to such email address, instead of notice by other means such as mail, and (b) send other messages to such email address, such as changes to features of the Services and special offers (collectively, “Other Messages”). If you do not want to receive Other Messages, you may opt out in your Account settings. Opting out of receiving Other Messages may prevent you from receiving email messages regarding updates, changes to the Services, or other offers.

5. We reserve the right, at any time, to change any fees or charges for Users (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We will charge you sales tax as applicable to the Services or any order placed through the Services, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties, or similar charges, only excluding taxes based on our income.

6. Pattern Content Creators. The Service may offer you opportunity to make available patterns and/or access patterns created by other Users or Third Parties (“Pattern Content”). If you are downloading such Pattern Content, the limitations in these Terms applicable to Pattern Content and User Content shall apply. If you are the User uploading Pattern Content (“Pattern Creator”), you are responsible for all Pattern Content you submit to Punch Needle World as well as the manner in which you share that content on the Service. You retain all ownership rights you have in any Pattern Content. Punch Needle World does not claim any ownership rights in Pattern Content. Pattern Content is the sole responsibility of the Pattern Creator that submitted the Pattern Content. Punch Needle World reserves the right (but is not obligated) to edit or remove any Pattern Content in whole or part, at any time and for any or no reason. You agree that Punch Needle World is not liable for any loss or damage of any kind resulting from availability, access, use and/or deletion of any Pattern Content. Pattern Creator is solely responsible for making sure that you have all rights in the Pattern Content, including the rights necessary for you to grant us the licenses to the Pattern Content described in these Terms of Use. By signing this agreement, you represent and warrant that you are the lawful owner of any submitted Pattern Content, or to the extent you are not the lawful owner, you have all rights necessary for you to provide, upload, and make available on the Service the Pattern Content and license it as specified in the Terms of Use. You further represent and warrant that your Pattern Content will not violate or in any way infringe on any patent, copyright, trade secret, trademark, intellectual property, or other rights of a third party. In addition to any indemnity otherwise offered in the Terms of Use, Pattern Creator will at all times indemnify and hold Punch Needle World and their respective agents, contractors and employees harmless from any and all claims, damages, liabilities and costs (including attorneys’ fees) arising out of any material breach by Examiner of any representation, warrant or agreement made by Examiner hereunder or arising out of Examiner’s services, including, but not limited to, intellectual property violations associated with Pattern Content.

7. Other User Content. The Services may contain User-generated or provided data, content, and materials (“Other User Content” and together with Pattern Content, “User Content”). User content may include, but is not limited to, comments on blog posts or videos, reviews on free resources or retail products, questions posed in the “Q&A Forum” on a PNA lesson, engagement on social media platforms, or the like. User Content is the sole responsibility of the User that submitted that User Content. Punch Needle World does not control User Content generated or provided by Users and is under no circumstances responsible or liable in any way for any User Content that is made available through the Services. Punch Needle World does not endorse any User Content, and does not warrant or guarantee the integrity, truthfulness, accuracy, or quality of any User Content. Punch Needle World reserves the right (but is not obligated) to edit or remove any User Content in whole or part, at any time and for any or no reason. You agree that Punch Needle World is not liable for any loss or damage of any kind resulting from availability, access and/or use of any User Content. You further agree that the User Content that you may generate or provide through the Services shall be truthful and not misleading. You acknowledge and agree that your submitted User Content will be made available to other Users of the Services (subject to the features of the Service which may restrict what Users can view and access your Content). You hereby grant to Punch Needle World and its affiliates, contractors, and suppliers a nonexclusive, perpetual, irrevocable, world-wide, royalty-free, assignable, and sublicensable (through multiple tiers), license to reproduce, copy, use, host, store, sublicense, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, your submitted User Content and your name, voice, and likeness (to the extent they are part of the User Content), (i) in connection with the Services, as specified under Third Party Licenses and/or for the interoperation of any third party products, (ii) if required by applicable law, where necessary to enforce these Terms of Use and/or to protect any of Punch Needle World’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by Punch Needle World’s Privacy Notice. You are solely responsible to obtain any necessary rights, authorizations, and consents with respect to your submitted User Content, including, without limitation, to grant the foregoing rights to Punch Needle World and its affiliates, contractors, and suppliers.

8. Releases. You acknowledge and agree that (i) you are solely responsible and liable for your interactions with other Users of the Services, (ii) Punch Needle World does not control the acts, omissions, policies, or procedures of other Users of the Services. Without limiting the foregoing, you understand the risks associated with the access to and use of the Services and any User Content and other data, content, and materials made available through the Services, and acknowledge that you are using the Services and such other data, content, and materials at your own risk and that you are personally responsible for verifying their suitability for your needs through your own investigation. To the maximum extent permitted by law, Punch Needle World is not liable for, and you hereby waive, release, relinquish, and forever discharge Punch Needle World, its employees, members, managers, governors, suppliers, agents, contractors, affiliates, representatives, successors and assigns (collectively, the “Punch Needle World Parties”), from any and all claims, counterclaims, demands, causes of action, suits, liabilities, injuries to person or property (including, but not limited to, death, incapacity and disability), damages, losses, costs and expenses, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect, arising out of or related to (a) your access to and use of the Services, (b) access to and use of any User Content and other data, content and materials made available through the Services, (c) and your interactions with other Users of the Services. You agree to not sue Punch Needle World and the other Punch Needle World Parties or assist any other person or entity in any suit against Punch Needle World and the other Punch Needle World Parties, with respect to any matters released in this Section. The terms of this release shall also apply to any of your relatives, next of kin, heirs, beneficiaries, employers, successors or assigns who assert or attempt to assert any claims on your or their behalf.

9. Ownership and Intellectual Property. Except for certain User Content as described herein, all material included on the Services, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. This Content especially includes the free pattern downloads available for you on PNW and those patterns that are included in your lessons on PNA. You acknowledge and agree that as between you and Punch Needle, Punch Needle World is and shall remain the exclusive owner of the Services, Punch Needle World’s data, information, and Content (expressly excluding User Content as otherwise described in these Terms of Use), and all patent, copyright, trade secret, trademark, and other intellectual property rights therein. In addition, the compilation and presentation of the Content on the Services is subject to copyright owned exclusively by us. Content, in particular User Content and Pattern Content, on the Services may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content obtained through the Services for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. You shall not challenge or assist any third party to dispute or challenge Punch Needle World’s or its licensors’ ownership of such rights or the validity or enforceability of such rights. Punch Needle World expressly reserves all rights not expressly set forth in these Terms and Conditions.

If you find or suspect intellectual property infringement with respect to the Services or User Content, believe that the Services or any User Content otherwise violate these Terms and Conditions, or have questions, complaints or claims regarding the Services, please immediately notify Punch Needle World using the contact information located below. Upon receiving such information, Punch Needle World will investigate the matter, in its sole discretion.

10. Prohibited Uses. In addition to uses otherwise prohibited by Punch Needle World, these Terms of Use or applicable law, you shall not, and you shall not allow any third party to, do any of the following:
    • Access, use, or register for the Services if you are under eighteen (18) years
    • Change or delete any copyright or proprietary notices from the Services.
    • Use the Services other than as permitted by the Terms of Use and that you will not use the Services in a manner inconsistent with the original intent of its design.
    • To impersonate or attempt to impersonate Punch Needle World, a Punch Needle World employee, another authorized User, or any other person or entity.
    • Access or use the Services to send unsolicited commercial messages to any person, or to threaten, harm or harass another User’s Account, use and/or access of the Services, including, but not limited to, attempting to gain access to another User’s Account.
    • Access or use the Services by artificial means or in a manner that, in Punch Needle World’s sole discretion, would inflict an excessive load on Punch Needle World’s or its suppliers’ hardware or software.
    • Post, upload or transmit: (i) any data, content or materials meant to market or advertise services or products that are competitive with the Services, solicit any other Users of the Services for such purposes and/or use data, content or materials gathered from the Services for such purposes, (ii) any data, content or materials of any type that infringe or violate any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret or any proprietary or other right of Punch Needle World or a third party, (iii) any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of Punch Needle World or a third party, and/or (iv) any disabling code (defined as computer code designed to interfere with the normal operation of the Services or Punch Needle World’s or a third party’s hardware or software) or any program routine, device or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse or trap door which is designed to delete, disable, deactivate, interfere with or otherwise harm the Services or Punch Needle World’s or a third party’s hardware or software.
    • Use the Services for any benchmarking, monitoring, or testing availability or performance, or any other competitive use, including, but not limited to, creating services, products or software that are substantially similar to the Services.
    • Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization), modify or create a derivative work of the Services by any means whatsoever.
    • Distribute, disclose or allow use of any portion of the Services or your Account in any format through any timesharing device, service bureau, network or by any other means, to or by any third party.
    • Use or access any data, content or materials for any purpose or in any manner other than real-time viewing (which prohibits, for example, screenshots, downloading and storing) unless expressly permitted by the features of the Services.
    • Use or access the Services or any data, content or materials provided through the Services in violation of international, federal, state or local law or other applicable rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the US and other countries). If you access the Services from outside the United States, you do so at your own risk and responsibility for compliance with laws of your jurisdiction.
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determine by us, may harm Punch Needle World or Users of the Service or expose them to liability.

11. Accessibility and Updates. You are solely responsible for providing, maintaining, and ensuring compatibility with the access requirements for the Services, and all hardware, software, electrical or other physical requirements for use of the Services, including, without limitation, mobile devices, telecommunications and internet access, connections, web browsers or other equipment, programs and services required to download, access, and use the Services.

12. Third Party Content and Products. The Services may contain links to third party content and other third-party websites that are not owned or controlled by Punch Needle World. These links may include but are not limited to, links to YouTube, the personal sites of other makers or creatives, suppliers, or relevant products and materials. Links are provided to online Users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by Punch Needle World. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information, or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Content.

Access to the Services may also include hardware, software, and other proprietary materials from Punch Needle World’s third-party suppliers that are subject to license rights, terms, and restrictions (collectively, “Third-Party Licenses”). In such event, your rights to the Services are expressly subordinate and subject to the Third-Party Licenses and you must comply with Third-Party Licenses. If Punch Needle World’s rights provided by a third-party supplier are limited, suspended, or terminated for any reason, your rights shall also be so limited, suspended, or terminated. To the extent of any conflict between the terms of these Terms of Use and the terms of a Third-Party License, the terms of the Third Party-License shall control with respect to the applicable third-party product.

13. Warranties. You represent and warrant that (i) these Terms of Use constitute your legal, valid, and binding obligation enforceable against you in accordance with their terms, subject to the principles of equity, bankruptcy, insolvency, reorganization and other laws affecting creditors’ rights generally, (ii) you have all requisite authority to enter into these Terms of Use, (iii) your agreement to these Terms of Use and performance or compliance with the terms of these Terms of Use will not conflict with, result in a breach of, constitute a default under or require the consent of any third party under any license, sublicense, lease, contract, agreement or instrument to which you or your affiliates are bound or to which your properties are subject, (iv) you are the lawful owner of any submitted User Content and your Registration Data, or to the extent you are not the lawful owner, you have all rights necessary for you to provide, upload and make available in submitted User Content and your Registration Data and license it as specified herein, and (v) your submitted User Content and your Registration Data will not violate or in any way infringe on any patent, copyright, trade secret, trademark, intellectual property or other rights of a third party.

14. Termination. Access to the Services is provided at the discretion of Punch Needle World. Punch Needle World has the right at any time, with or without prior notice, to suspend or terminate your access to the Services or your Account, and to refuse any and all current or future use of all or any portion thereof, for any reason, including, but not limited to, if Punch Needle World believes that you are in violation of any of the provisions of these Terms of Use, your Account is being used without your authorization, or the information you have provided is inaccurate, not current or incomplete. Punch Needle World shall also have the right, but not the obligation, at any time to change or discontinue any aspect or feature of the Services and/or change or remove any of the User Content from the Services, in its sole discretion. In the event you desire to terminate your Account you may do so through the Services or by contacting Punch Needle World as set forth below. Upon termination of your Account, all of the information associated with your Account may be retained or deleted without notice, consistent with applicable law. Punch Needle World shall have no liability for such deletion.

15. Indemnification. To the fullest extent permitted by law, you shall indemnify, defend and hold Punch Needle World and the other Punch Needle World Parties harmless from and against any and all losses, liabilities, suits, actions, obligations, fines, damages, judgments, penalties, claims, causes of action, charges, costs and expenses (including, but not limited to, attorneys’ fees, disbursements and court costs prior to trial, at trial and on appeal) arising out of or resulting from, or alleged to result from (i) your breach of these Terms of Use, (ii) your access to and use of the Services, and/or (iii) your Content and your Registration Data; provided, the foregoing provisions of this Section shall not apply to the extent such losses, costs and expenses arise out of the gross negligence or willful misconduct of Punch Needle World.

16. Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, PUNCHNEEDLE DOES NOT MAKE AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) WITH REGARD TO THE SERVICES, USER CONTENT OR ANY OTHER DATA, CONTENT AND MATERIALS CONTAINED IN OR PROVIDED THROUGH THE SERVICES. THE SERVICES AND USER CONTENT ARE PROVIDED ON AN “AS IS” BASIS. IF YOU ARE DISSATISFIED WITH THE SERVICES, USER CONTENT, THESE TERMS AND CONDITIONS OR ANY PORTION OF THE FOREGOING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. PUNCH NEEDLE WORLD DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS.

17. Liability. SUBJECT TO THE OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUNCHNEEDLE OR ANY OTHER PUNCHNEEDLE PARTIES BE LIABLE UNDER ANY LEGAL THEORY FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE SERVICES OR USER CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTEREST OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES EXCEPT TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED ONE HUNDRED AND NO/100 DOLLARS ($100.00) OR THE FEES PAID FOR THE SERVICE OVER THE PAST 12 MONTHS, whichever is greater. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT. Any of your claims arising in connection with these Terms and Conditions, the Services or User Content must be brought within one (1) year of the date that the event giving rise to such action occurred.

18. Force Majeure. Punch Needle World shall not be responsible for delays or failures of performance resulting from acts beyond its reasonable control. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, third party service providers, lockouts, riots, acts of war, acts of terror, pandemics or epidemics, government regulations, fire, communication line failures, power failures, earthquakes, and other disasters.

19. Personal Information. Punch Needle World may collect your personal and non-personal information when you download, register for, access and/or use the Services. You agree that Punch Needle World may collect, process, transfer, use and disclose your information in accordance with Punch Needle World’s Privacy Notice which is incorporated herein by reference and deemed a part hereof.

20. Feedback. If you submit any ideas, concepts, feedback or related information concerning the Services to Punch Needle World through the Services or by other means, you hereby grant, and/or warrant that the owner of such content or intellectual property has expressly granted to Punch Needle World, a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable, sublicensable (through multiple tiers) license to reproduce, copy, use, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such content or intellectual property in any media or medium, or any form, format or forum now known or hereafter developed.

21. Assignment. You may not assign or transfer these Terms of Use, or any of your rights or obligations hereunder, without the prior written consent of Punch Needle World. Any attempted assignment or transfer without Punch Needle World’s prior written consent shall be null and void. Punch Needle World may assign these Terms of Use to an affiliate or the surviving entity or its successor in the event of its merger or the sale of all or substantially all of its assets. All of the terms and provisions of these Terms of Use shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, estates, heirs, successors and permitted assigns.

22. Governing Law. These Terms of Use shall be governed by, construed, and enforced according to the laws of the State of California, without regard to its conflict or choice of law principles. Any action arising out of or relating to these Terms of Use shall be brought only in the state or federal courts of Los Angeles County, California, and all parties expressly consent to such courts’ jurisdiction and irrevocably waive any objection with respect to the same.

25. Contact Information. Except as otherwise provided, notices under this Agreement shall be in writing and shall be deemed given three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested, or when received via electronic mail, in each case to the respective party as set forth below.

To Punch Needle World:           

Micah Clasper-Torch, LLC dba Punch Needle World

Attn: Legal Notices

122 E. 7th Street, Ste 1203

Los Angeles CA 90014

Email: hello@punchneedleworld.com

To you:                                    

As specified in your Account information.

26. Miscellaneous. Section headings are not to be considered part of these Terms of Use. They are included solely for convenience and not intended to be full or accurate descriptions of the content hereof. Except as otherwise set forth herein, if any provision of these Terms of Use is found void or unenforceable, this will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Except as stated herein, nothing in these Terms of Use is intended to confer upon any person other than the parties hereto, and their respective personal representatives, estates, heirs, successors and permitted assigns, any rights or remedies under or by reason of these Terms of Use. Any and all rights and obligations contained in these Terms of Use which by their nature and/or context are intended to survive termination of these Terms of Use shall so survive, including, but not limited to, perpetual license grants, indemnification, limitations of liability and disclaimers. No breach or right under these Terms of Use may be waived unless in writing signed by the waiving party.

28. Changes to Terms of Use. Punch Needle World may modify these Terms of Use from time to time by posting an updated version of these Terms of Use and changing the “Date Last Modified” above. Such changes shall be effective immediately upon posting updated Terms of Use. If you continue to access or use the Services, you accept such modified terms. If you do not agree to such changes, do not continue to access or use any portion of the Services.