Terms of Use
Version 1.1
The STITCHES on the run website located at www.stitchesontherun.com is a copyrighted work belonging to Janette Haruguchi. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use describe the legally binding terms and conditions that govern your use of the Site. By using the Site, you agree to comply with these Terms and represent that you have the authority and capacity to enter into them.
1. Access to the Site
1.1 License. Subject to these Terms, STITCHES on the run grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies of it.
STITCHES on the run reserves the right to change, suspend, or cease operating the Site with or without notice to you. STITCHES on the run will not be held liable to you or any third party for any change, interruption, or termination of the Site or any part of it, except where such liability cannot be excluded under mandatory law (see Section 4).
1.3 No Support or Maintenance. You agree that STITCHES on the run has no obligation to provide you with any support in connection with the Site.
Excluding any user content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by STITCHES on the run and its suppliers. These Terms and your access to the Site do not give you any right, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in the License above. STITCHES on the run and its suppliers reserve all rights not expressly granted in these Terms.
2. Third-Party Links & Ads; Other Users
2.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, including affiliate marketing links, and/or display advertisements for third parties. STITCHES on the run currently participates in affiliate marketing programs, including the Amazon Associates Program, the Etsy Affiliate Program, and Maydel. This means STITCHES on the run may earn a commission on qualifying purchases made through such links, at no additional cost to you.
These third-party links and ads are not under the control of STITCHES on the run, and we are not responsible for them. We provide access to third-party links and ads only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representation with respect to them. You use all third-party links and ads at your own risk and should apply a suitable level of caution and discretion. When you click on any third-party link or ad, the applicable third party's own terms and policies apply, including its privacy and data-gathering practices. See our Privacy Policy for more on how affiliate links may involve data collection by those third parties.
2.2 Other Users. Each Site user is solely responsible for their own user content. Because we do not control user content, you acknowledge and agree that we are not responsible for any user content, whether provided by you or by others. If there is a dispute between you and any other Site user, we are under no obligation to become involved, except as required by applicable law.
2.3 Cookies and Other Tracking. The Site uses essential cookies needed for basic functionality, such as maintaining your sign-in session if you subscribe as a member. If you follow an affiliate link on the Site (for example, to Amazon or Etsy), the destination site may set its own cookies or use other tracking technology in accordance with its own privacy policy, which STITCHES on the run does not control. See our Privacy Policy for further detail.
3. Disclaimers
The Site is provided on an "as-is" and "as available" basis. To the extent permitted by applicable law, STITCHES on the run makes no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, or free of viruses or other harmful code.
Nothing in these Terms excludes or limits any statutory rights or warranties that cannot lawfully be excluded or limited under the law of your country of residence, including mandatory consumer-protection rights under German and EU law.
4. Limitation on Liability
To the extent permitted by law, STITCHES on the run's liability for damages is limited as follows:
- STITCHES on the run is liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty, and for any other damage caused by intent or gross negligence.
- For damages caused by ordinary (slight) negligence, STITCHES on the run is liable only in the event of a breach of a material contractual obligation (wesentliche Vertragspflicht — an obligation whose fulfilment is essential to the proper performance of these Terms and on which you may regularly rely), and in that case liability is limited to the foreseeable damage typical for this type of contract.
- Liability under the German Product Liability Act (Produkthaftungsgesetz), if applicable, remains unaffected.
- All other liability of STITCHES on the run, including for indirect or consequential damages, is excluded to the extent legally permissible.
Your use of the Site, including any content, patterns, or instructions provided on it, is at your own discretion and risk.
5. Term and Termination
Subject to this section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our discretion, including for any use of the Site in violation of these Terms, subject to any notice period required by applicable law. Upon termination of your rights under these Terms, your account and right to access and use the Site will terminate. You understand that any termination of your account may involve deletion of your user content associated with your account from our live databases, subject to any statutory retention obligations described in our Privacy Policy.
Even after your rights under these Terms are terminated, the license restrictions, third-party links and other-users provisions, disclaimers, limitation of liability, copyright policy, and General provisions of these Terms will remain in effect.
6. Copyright Policy
STITCHES on the run respects the intellectual property of others and asks that users of the Site do the same. If you believe that a user is, through use of the Site, unlawfully infringing your copyright, and wish to have the allegedly infringing material removed, please contact us with:
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Site that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your name, address, and e-mail address; and
- a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law, and that the information you provide is accurate.
We will assess valid notices and take appropriate action, which may include removing the material and, for repeat infringers, restricting their access to the Site.
7. General
7.1 Changes to These Terms. These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by e-mail to the last address you provided and/or by prominently posting notice on the Site. Continued use of the Site following notice of such changes constitutes your acknowledgement of the changes.
7.2 Your Privacy. Please read our Privacy Policy.
7.3 Electronic Communications. Communications between you and STITCHES on the run use electronic means. You consent to receive communications from us in electronic form, and agree that such communications satisfy any legal requirement that they be in writing, to the extent permitted by applicable law.
7.4 Entire Terms; Severability. These Terms constitute the entire agreement between you and STITCHES on the run regarding use of the Site. Section titles are for convenience only. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be interpreted to best achieve its original intent within the limits of applicable law. Your relationship to STITCHES on the run is that of an independent operator and site visitor; neither party is an agent or partner of the other.
7.5 Copyright/Trademark Information. Copyright © STITCHES on the run. All rights reserved. All trademarks, logos, and service marks displayed on the Site are the property of STITCHES on the run or the property of other third parties. You are not permitted to use these marks, logos, or photos without our prior written consent or the consent of the third party that owns them.
8. Governing Law and Jurisdiction
8.1 Governing Law. These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law provisions. If you are a consumer habitually resident in another EU member state, you continue to benefit from any mandatory consumer-protection provisions of the law of your country of residence that cannot be excluded by agreement.
8.2 Jurisdiction. To the extent legally permissible, the courts of Lamdgericht Tübingen, Doblerstraße 14, 72074 Tübingen, Germany, have jurisdiction over any dispute arising from or in connection with these Terms. If you are a consumer, this does not deprive you of the right to bring proceedings before the courts of the EU member state in which you are domiciled, where such a right exists under mandatory law.
8.3 Alternative Dispute Resolution. STITCHES on the run is not obligated and is not generally willing to participate in dispute resolution proceedings before a German consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Consumer Dispute Resolution Act (VSBG).