Terms & Conditions
Date Last Modified: March 4, 2022
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.
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.
- 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.
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.
- 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.
- 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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
As specified in your Account information.